Legal Opinion

People v. Waite

Illinois Supreme Court

Decided December 22, 1904PublishedCited by 9 opinions

Writ oe Error to the Circuit Court of Edgar county; the Hon. E. R. Kimbrough, Judge, presiding. This was a petition filed in the circuit court of Edgar county by the State’s attorney of that county, asking leave to file an information in the nature of a qiio warranto to test the legality of the organization of the Polecat Drainage District, composed of lands situated in Coles and Edgar counties and organized under the provisions of the Levee act in the county court of Coles…

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Writ oe Error to the Circuit Court of Edgar county; the Hon. E. R. Kimbrough, Judge, presiding. This was a petition filed in the circuit court of Edgar county by the State’s attorney of that county, asking leave to file an information in the nature of a qiio warranto to test the legality of the organization of the Polecat Drainage District, composed of lands situated in Coles and Edgar counties and organized under the provisions of the Levee act in the county court of Coles county. The court declined to permit the information to be filed, and a writ of error has been sued out from this court…

1Opinion of the CourtJustice Hand

The legislature, by the act under which said drainage district was organized, committed to the county courts of this State jurisdiction to organize into drainage districts lands similarly situated to the lands lying within the territory comprising that organized into the Polecat district. If the judgment of the county court of Coles county organizing said district was valid,—in other words, if the court had jurisdiction of the subject matter and of the parties at the time it rendered the judgment whereby said district was organized, —its judgment organizing the district could only be attacked…

2Cases cited1 opinion

  1. People ex rel. Harrison v. Commissioners of Mineral Marsh Drainage Dist.Illinois Supreme Court · 1901

3Cited by9 opinions

  1. Mountain Cement Co. v. South of Laramie Water & Sewer DistrictWyoming Supreme Court · 2011
  2. People ex rel. Heise v. MunroeIllinois Supreme Court · 1907
  3. State v. EvansOregon Supreme Court · 1916
  4. People ex rel. Cash v. WellsIllinois Supreme Court · 1920
  5. People Ex Rel. Fitton v. EhlerIllinois Supreme Court · 1929

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