People ex rel. Jackson v. Suburban Railroad
Illinois Supreme Court
Original petition for mandamus. This is a petition filed in this court by the relator for a writ of mandamus against the respondent, the Suburban Railroad Company.
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Original petition for mandamus. This is a petition filed in this court by the relator for a writ of mandamus against the respondent, the Suburban Railroad Company. The petition avers the relator is a citizen of the United States and a resident of the village of River Forest, and that the respondent, the Suburban Railroad Company, is a corporation organized under the laws of this State relating to the organization of railroad companies, and is, and since before March 17, 1897, has been, engaged in the business of extending, constructing and operating an electric railroad throug'h parts of the…
1Opinion of the CourtJustice Boggs
The objection the petition is not verified by a sufficient affidavit has been obviated by an amended affidavit filed by leave of the court.
It is urged the writ is here sought to be availed of for the purpose of securing the fulfillment of the terms and conditions of a private contract, and that it is fundamental law mere contract obligations cannot be enforced by mandamus. The appellee is a quasi public corporation. The sovereign power, when granting a public franchise to corporations of that character, may declare certain acts in the nature of duties to the public shall be performed by the…
2Cases cited8 opinions
- County Commissioners v. People ex rel. MetzIllinois Supreme Court · 1849
- Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
- Haugen v. Albina Light & Water Co.Oregon Supreme Court · 1891
- City of Belleville v. Citizens' Horse Railway Co.Illinois Supreme Court · 1894
- City of Potwin Place v. Topeka Railway Co.Supreme Court of Kansas · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Chase v. TroutCalifornia Supreme Court · 1905
- State Ex Rel. Burg v. City of AlbuquerqueNew Mexico Supreme Court · 1926
- State Public Utilities Commission ex rel. Quincy Railway Co. v. City of QuincyIllinois Supreme Court · 1919
- Zweifel Manufacturing Corp. v. City of PeoriaIllinois Supreme Court · 1957
- Gas & Electric Securities Co. v. Manhattan & Queens Traction Corp.Court of Appeals for the Second Circuit · 1920
46 more not listed; retrieve them via the Exa API.