Reynolds v. Town of Foster

Citations

• 89 Ill. 257

Syllabus

<p>1. Justice or the peace—-jurisdiction in case of neglect to work on roads. Jurisdiction is expressly conferred upon justices of the peace in cases of complaint by the overseers of roads against persons owing road labor who shall neglect or refuse to work, when warned so to do, or who shall hinder others from working on the roads.</p> <p>2. Same—jurisdiction of the person. Where a summons issued by a justice of the peace, returnable within five days, against one for not working, as directed, upon a public road, after being warned by the overseer of the road district, is served on the defendant the next day after its issue, this will give the justice jurisdiction of the person of the defendant.</p> <p>3. Same—jurisdiction—conferred by appearance. In a suit before a justice of the peace; the appearance of the defendant by his attorney and taking an appeal to the circuit court, will supersede the necessity of any summons or service, and will give the appellate court jurisdiction of his person.</p> <p>4. Highway—evidence to show road not a public one in suit for neglect to work upon same. In a suit to recover the penalty provided by ‘statute for a neglect or refusal to work upon a road, as directed by the overseer, upon notice by him, evidence on the part of the defendant that the locus in quo where he is required to work is not a highway, is inadmissible.</p> <p>5. Road Law-—its constitutionality—special legislation. The road law applicable to all counties in the State acting under township organization, giving police magistrates and justices of the peace jurisdiction of complaints for a refusal or neglect to work upon the roads when warned to do so, and providing that the summons in such case shall be returnable within five days, is not a local or special act within the meaning of the constitutional provision against such legislation.</p>