People ex rel. Cusick v. City of Chrisman

Appellate Court of Illinois

People ex rel. Cusick v. City of Chrisman

208 Ill. App. 19, 1917 Ill. App. LEXIS 757

DecidedOctober 11, 1917

StatusPublished

This text of 208 Ill. App. 19 (People ex rel. Cusick v. City of Chrisman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Cusick v. City of Chrisman, 208 Ill. App. 19, 1917 Ill. App. LEXIS 757 (Ill. Ct. App. 1917).

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Opinion

Mr. Justice Eldredge

delivered the opinion of the cpurt.

3. Mandamus, § 57*—when writ will not he granted to compel city to reconstruct old tile drain and ditch. A writ of mandamus will not be granted to compel a city to reconstruct at considerable cost an old tile drain and open ditch, even though the drain and ditch as maintained are injurious to abutting, owners, where the city is proceeding under the Local Improvement Law (J. & A. t 1388 et seq.), to construct a complete system of drainage in the city which will render the reconstruction of the old drain and ditch useless and needless. 4. Mandamus—when evidence insufficient to warrant writ of. Evidence, in an action of mandamus to compel a city to reconstruct a tile drain and open ditch, examined and held insufficient to warrant the granting of the writ.

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Mr. Justice Eldredge

delivered the opinion of the cpurt.

3. Mandamus, § 57*—when writ will not he granted to compel city to reconstruct old tile drain and ditch. A writ of mandamus will not be granted to compel a city to reconstruct at considerable cost an old tile drain and open ditch, even though the drain and ditch as maintained are injurious to abutting, owners, where the city is proceeding under the Local Improvement Law (J. & A. t 1388 et seq.), to construct a complete system of drainage in the city which will render the reconstruction of the old drain and ditch useless and needless. 4. Mandamus—when evidence insufficient to warrant writ of. Evidence, in an action of mandamus to compel a city to reconstruct a tile drain and open ditch, examined and held insufficient to warrant the granting of the writ.

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Bluebook (online)

208 Ill. App. 19, 1917 Ill. App. LEXIS 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-cusick-v-city-of-chrisman-illappct-1917.