{
  "id": 4998378,
  "name": "Annie M. File v. Commissioners of Highways of the Town of St. Jacob et al.",
  "name_abbreviation": "File v. Commissioners of Highways",
  "decision_date": "1890-02-04",
  "docket_number": "",
  "first_page": "538",
  "last_page": "539",
  "citations": [
    {
      "type": "official",
      "cite": "34 Ill. App. 538"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 235,
    "char_count": 3783,
    "ocr_confidence": 0.51,
    "sha256": "14310f0e7556f95308275c4a68939b8ea42cec1513ef59c7c41a74998d37579b",
    "simhash": "1:ef5d1ee38c4c5a74",
    "word_count": 654
  },
  "last_updated": "2023-07-14T16:16:31.539979+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Annie M. File v. Commissioners of Highways of the Town of St. Jacob et al."
    ],
    "opinions": [
      {
        "text": "Green, J.\nUpon the petition of appellant, a common law writ of certiorari was issued against appellees, to certify the record of their proceedings establishing a public road in said town upon the land of appellant. Upon the hearing the Circuit Court quashed the writ, the petition for certiorari was dismissed and a procedendo awarded at the cost of petitioner. From this order and judgment she took this appeal. Two fatal objections to the validity of the proceedings establishing the highway in question, appear upon the face of the return to the writ. The certificate of the commissioners filed with the justice of the peace, under the provisions of Sec. 41 of Chap. 121, Hurd\u2019s Bev. Sfcat., describes the road as one-half mile in length, but does not describe the width thereof. Sue. 30 of the same act provides, \u201c Short roads not exceeding two miles in length, may he of a width not less than forty feet, nor more than sixty feet.\u201d\nThis omission in the description of the road left the jury without the necessary information to enable them accurately to estimate the damages; they could not know whether the commissioners would establish the road forty feet in width, or sixty feet in width. If the damages were for forty feet and the strip taken should be sixty feet in width, the owner would be wronged, and if a forty-feet strip was taken and damages allowed for taking sixty feet, the taxpayers would be wronged. To avert such consequences, the description of the road in the certificate, required by Sec. 31, must be full and accurate.\nThe venire issued by the justice required the constable to summon six men to serve as jurors to assess the damages in establishing the road. u At least one-half of whom shall be residents of the town of St. Jacob.\u201d\nBy the terms of this venire the constable was not required to summon any non-resident, and for aught that appears upon the record, did summon only residents of said town to serve on the jury.\nSec. 44 of said act provides \u201c That not more than one-half of such jury shall be residents of the town liable to pay the damages in such case.\u201d\nThis provision of the statute is mandatory, and in our judg-' ment the proper construction of Sec. 44 requires that by the venire itself the officer be commanded to summon six persons, not more than three of whom shall be residents of the town, liable to pay the damages assessed. For the reasons that the certificate of the commissioners was not such as the statute required to be filed with the justice, before a jury to assess damages could be lawfully summoned, and the venire issued did not comply with the requirements of said Sec. 44, the proceedings of appellees establishing said road should have been quashed.\nThe judgment of the Circuit Court is reversed and the cause remanded with directions to quash said proceedings.\nReversed and remanded.",
        "type": "majority",
        "author": "Green, J."
      }
    ],
    "attorneys": [
      "Mr. A. W. Metcalfe, for appellant.",
      "Messrs. Dale & Bradshaw, for appellees."
    ],
    "corrections": "",
    "head_matter": "Annie M. File v. Commissioners of Highways of the Town of St. Jacob et al.\nHighways\u2014Certiorari\u2014Record of Proceedings in Establishing Road\u2014 Width of Road\u2014Jurors.\nThe proceedings for the establishment of the road in question were, as appears from the record, fatally defective under the statute in two respects:\n1st. The certificate of the commissioners filed with the justices of the peace described the road as one-half mile in length, but failed to state the width.\n2d. The venire issued by the justice required the constable to summon six men to serve as jurors \u201c at least one-half of whom shall be residents of the town of St. Jacob,\u201d whereas, under the statute, at least one-half should not have been residents of that town.\n[Opinion filed February 4, 1890.]\nAppeal from the Circuit Court of Madison County; the Hon. B. B. Burroughs, Judge, presiding.\nMr. A. W. Metcalfe, for appellant.\nMessrs. Dale & Bradshaw, for appellees."
  },
  "file_name": "0538-01",
  "first_page_order": 534,
  "last_page_order": 535
}