People Ex Rel. Bailey v. Downers Grove Sanitary District

The circuit court of DuPage county, on appellee’s petition therefor, awarded a writ of mandamus directing the appellant sanitary district to put in repair, take charge of and maintain certain storm-water sewers and drains lying within and contructed by the village of Downers Grove. Appellant brings the cause here for review.

Appellant filed a demurrer to the petition for mandamus, which was overruled and appellant was ruled to answer. It thereafter filed an answer to the petition, which was stricken. On default of further answer the writ was awarded against it.

The petition for mandamus alleges…