People ex rel. Faulkner v. Harris
Illinois Supreme Court
Writ op Error to the Circuit Court of Champaign county; the Hon. Francis M. Wright, Judge, presiding. This is a petition for mandamus, filed by the relator, L. W. Faulkner, in the circuit court of Champaign county, Illinois, against Mary B. Harris, Newton M. Harris, her husband, and the mayor and aldermen of the city of Champaign.
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Writ op Error to the Circuit Court of Champaign county; the Hon. Francis M. Wright, Judge, presiding. This is a petition for mandamus, filed by the relator, L. W. Faulkner, in the circuit court of Champaign county, Illinois, against Mary B. Harris, Newton M. Harris, her husband, and the mayor and aldermen of the city of Champaign. The petition sets up, in substance, the following facts; That the city of Champaign is a municipal corporation, and as such has charge of and is in possession of all the public streets and alleys within said city, and that it is the duty of said city to prevent and…
1Opinion of the CourtJustice Ricks
The question presented for our consideration is the determination of the law on the admitted facts as above set forth.
It is argued by defendants in error that the relator had no right to the writ of mandamus; that to entitle him to the relief prayed he must show some special damage other than that suffered by the public in general, and they cite the case of McDonald v. English, 85 Ill. 232, and rely upon this case, to a great extent, to sustain their answer. That was an action on the case for maintaining a public nuisance, the facts being, that appellee built, fronting on the street, by the…
2Cases cited6 opinions
- Field v. BarlingIllinois Supreme Court · 1894
- County Commissioners v. People ex rel. MetzIllinois Supreme Court · 1849
- City of Alton v. Illinois Transportation Co.Illinois Supreme Court · 1850
- Pennsylvania Co. v. City of ChicagoIllinois Supreme Court · 1899
- McDonald v. EnglishIllinois Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Austin v. Public Service Co.Illinois Supreme Court · 1921
- People ex rel. Raster v. HealyIllinois Supreme Court · 1907
- Gerstley v. Globe Wernicke Co.Illinois Supreme Court · 1930
- City of Lynchburg v. PetersSupreme Court of Virginia · 1926
- People ex rel. Beardsley v. City of Rock IslandIllinois Supreme Court · 1905
45 more not listed; retrieve them via the Exa API.