Smith v. Commissioners of Highways

Citations

• 150 Ill. 385

Syllabus

<p>1. Highway — laying out a road — meeting to hear objections. A meeting of the commissioners of highways on a petition to lay out a road, was appointed to convene at the west end of the proposed road, to examine the route of the same and hear reasons for or against laying out the road. Becord of this meeting was indorsed on the petition, as follows: “February 10, 1893. — Commissioners met at the beginning of the road mentioned within, at ten o’clock A. M., and walked over said road to the east end, and then, after hearing reasons for and against the location of said road, granted the prayer of the petition:” Held, that the record showed, with sufficient clearness, that the commissioners did, in fact, meet at the west end of the road.</p> <p>2. , In such case it was wholly immaterial whether the hearing of reasons for and against the laying out of the road was had at the west end before, or at the east end after, the commissioners had viewed the route. Such meeting was one continuous proceeding.</p> <p>3. Same — presenting a second petition to lay out a road. The fact that the commissioners of highways may have refused a petition for the laying out of a road is no bar to the presentation of a second petition for the same purpose. Section 48, which prohibits the filing of a second petition within two years, relates only to cases where an order has been granted for laying out the road, and damages are assessed, and the commissioners, or, in case of an appeal, the supervisors, are of opinion that the damages assessed are too high, so as to be an unreasonable burden upon the tax-payers.</p> <p>4. Cebtiobabi — when and for what it lies. The common law writ of certiorari may be awarded to all inferior tribunals and jurisdictions, when it appears that they have exceeded the limits of their jurisdiction,»as, in cases where they have proceeded illegally, and no appeal is allowed, and no other mode is provided for reviewing the proceedings,</p> <p>5. Same — purpose—mode of t