Town of Oswego v. Kellogg

Citations

• 99 Ill. 590
• 1881 Ill. LEXIS 215

Syllabus

<p>1. Former adjudication — as to proceedings to establish road, binding. The decision of the circuit court in awarding a peremptory writ of mandamus to compel the commissioners of highways to act upon a petition to lay out a highway, is conclusive, until reversed, of the questions involved, among which are the validity and regularity of the preliminary proceedings for the road, and the regularity of such proceedings as may thus have been passed upon can not be questioned by the town or its officers in a collateral proceeding, as, on certiorari in the circuit court to review the action of the inferior tribunals concerning the establishment of the proposed road.</p> <p>2. Appeal — when it lies in respect to laying out highway. Under the Eoad law in force July 1, 1877, any person interested in the road sought to be laid out, had the right to appeal from the final order of the commissioners of highways revoking and annulling their previous order for the establishment of the road, on the ground that the payment of the damages assessed would be burdensome on the town.</p> <p>3. Same — how taken from decision of commissioners of highways. Under the Road law taking effect July 1, 1877, an appeal from the order of commissioners of highways revoking all previous orders for laying out a road, is properly taken by giving written notice thereof to the commissioners and to three of the original petitioners for the road, within ten days after the filing of such decision in the town clerk’s office, and presenting a petition in writing to a justice of the peace of the county, asking for an appeal, stating upon what grounds it is taken, with a sufficient bond for the payment of costs in case of affirmance; and when this is done, the supervisors selected will be invested with jurisdiction to hear and determine the appeal.</p> <p>4. Same — who may appeal from orders relating to road. Persons who are freeholders of the town in which it is proposed to establish a road, and residing ther