People ex rel. Williams v. City of Chicago

Appellate Court of Illinois

People ex rel. Williams v. City of Chicago

209 Ill. App. 142, 1917 Ill. App. LEXIS 938

CourtAppellate Court of Illinois

DecidedDecember 17, 1917

DocketGen. No. 23,424

StatusPublished

Cited by1 cases

This text of 209 Ill. App. 142 (People ex rel. Williams v. City of Chicago) 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.

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People ex rel. Williams v. City of Chicago, 209 Ill. App. 142, 1917 Ill. App. LEXIS 938 (Ill. Ct. App. 1917).

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Opinion

Mr. Justice Dever

delivered the opinion of the court.

2. Municipal corporations-—what is duty of city as to removal of ashes from place of property owner. A city, in the absence of legislation assuming the responsibility, cannot be compelled to remove ashes from the place of a property owner, since the duty to make such removal rests primarily upon the owner or occupant. 3. Municipal corporations, § 83*—how ordinance should he construed. An ordinance should be construed so as to give all parts thereof effect, if possible. 4. Mandamus, § 6*—when will not lie to compel the removal of ashes from premises of property owner. Mandamus will not lie to compel the removal of ashes from the apartment premises of a property owner by a city where there is no ordinance assuming the liability, since such owner is not entitled of right to such service, and it is immaterial that an ordinance is discriminating and invalid in providing for the removal of ashes from a certain class of residences free of charge.

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Mr. Justice Dever

delivered the opinion of the court.

2. Municipal corporations-—what is duty of city as to removal of ashes from place of property owner. A city, in the absence of legislation assuming the responsibility, cannot be compelled to remove ashes from the place of a property owner, since the duty to make such removal rests primarily upon the owner or occupant. 3. Municipal corporations, § 83*—how ordinance should he construed. An ordinance should be construed so as to give all parts thereof effect, if possible. 4. Mandamus, § 6*—when will not lie to compel the removal of ashes from premises of property owner. Mandamus will not lie to compel the removal of ashes from the apartment premises of a property owner by a city where there is no ordinance assuming the liability, since such owner is not entitled of right to such service, and it is immaterial that an ordinance is discriminating and invalid in providing for the removal of ashes from a certain class of residences free of charge.

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209 Ill. App. 142, 1917 Ill. App. LEXIS 938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-williams-v-city-of-chicago-illappct-1917.

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