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TAYLOR v. WENTZ

No. 34853.

15 Ill.2d 83 (1958)

153 N.E.2d 812

RALPH R. TAYLOR et al., Appellants, v. FRANCIS WENTZ, Township Highway Commissioner, et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 24, 1958.

Attorney(s) appearing for the Case

GEORGE TRAICOFF, of Peoria, and LYBARGER AND COLLINS, of Bushnell, for appellants.

GEORGE P. PROCTOR, of Lewistown, for appellees.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Ralph R. Taylor and his wife, Anna M. Taylor, filed a petition for mandamus in the circuit court of Fulton County to compel Francis Wentz, the highway commissioner of Putman Township in said county, to repair a certain road and to enter of record with the town clerk a plat of the road. The owners of land adjoining the road were included as parties defendant. An answer was...

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