Legal Opinion

Allman v. Lumsden

Appellate Court of Illinois

Decided April 28, 1894PublishedCited by 4 opinions

Memorandum.—Drainage proceedings, commenced April 30, 1890, in the County Court of Champaign County, by the commissioners of Kankakee Drainage District, under Section 88, of the “Levee Act,” providing that “anylands lying outside of the drainage district as organized, the owner or owners of which shall thereafter make connection with the main ditch or drain or with any ditch or drain ivithin the district as organized, or whose lands are or will he benefited by the work of…

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Memorandum.—Drainage proceedings, commenced April 30, 1890, in the County Court of Champaign County, by the commissioners of Kankakee Drainage District, under Section 88, of the “Levee Act,” providing that “anylands lying outside of the drainage district as organized, the owner or owners of which shall thereafter make connection with the main ditch or drain or with any ditch or drain ivithin the district as organized, or whose lands are or will he benefited by the work of such district, shall he deemed to have made voluntary application to be included in such drainage distinct; and thereupon…

1Opinion of the CourtJustice Wall

delivered the opietoh of the Court.

This case was here at a former term—48 Ill. App. 17. The questions then discussed concerned only the propriety of an appeal from the County to the Circuit Court, but as the scope of the proceeding was then fully stated, it need not be repeated now. Having been remanded, the case was tried in the Circuit Court and a judgment was entered according to the prayer of the petition from which an appeal has been perfected to this court. The question before the Circuit Court was mainly as to the facts, that is, whether the owners of the lands involved had connected…

2Cases cited2 opinions

  1. Carlyle Water, Light & Power Co. v. City of CarlyleAppellate Court of Illinois · 1889
  2. Kraemer v. LeisterAppellate Court of Illinois · 1890

3Cited by4 opinions

  1. Simmons v. Lightfoot, Atty.-Gen.Texas Supreme Court · 1912
  2. Munson v. LooneyTexas Supreme Court · 1915
  3. Munson v. LooneyTexas Supreme Court · 1915
  4. Munson v. LooneyTexas Supreme Court · 1915

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