Legal Opinion

People ex rel. Green v. Board of Commissioners

Illinois Supreme Court

Decided December 21, 1898PublishedCited by 32 opinions

Original petition for mandamus. This is an original proceeding in this court by the People, on the relation of Hetty H. R. Green, to obtain a writ of mandamus to compel the board of commissioners of Cook county to act as a county board of review to review the assessments for 1898 on certain property of the petitioner situated in the town of Lake, in said county, and particularly described in the petition.

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Original petition for mandamus. This is an original proceeding in this court by the People, on the relation of Hetty H. R. Green, to obtain a writ of mandamus to compel the board of commissioners of Cook county to act as a county board of review to review the assessments for 1898 on certain property of the petitioner situated in the town of Lake, in said county, and particularly described in the petition. The petition states that Cook county is organized under the township organization laws of the State, and that the town of Lake is one of the towns of said county. It then sets out the…

1Opinion of the CourtChief Justice Carter

delivered the opinion of the court.:

It is well settled that to entitle the petitioner to the writ of mandamus the petitioner must show not only a clear right to the acts sought to be enforced, but the defendants must have the right by law to do such acts, and if the action required is judicial and discretionary in its nature the court will only compel them to act, but never compel them to decide in a particular manner. In Board of Dental Examiners v. People ex rel. 123 Ill. 227, this court said (p. 241): “If a discretionary power is exercised with manifest injustice, the courts are not…

2Cases cited8 opinions

  1. Porter v. Rockford, Rock Island & St. Louis RailroadIllinois Supreme Court · 1875
  2. Arberry v. BeaversTexas Supreme Court · 1851
  3. Illinois State Board of Dental Examiners v. People ex rel. CooperIllinois Supreme Court · 1887
  4. Holcomb v. People ex rel. TuttleIllinois Supreme Court · 1875
  5. People ex rel. Henderson v. OnahanIllinois Supreme Court · 1897

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3Cited by32 opinions

  1. People ex rel. Stuckart v. KnopfIllinois Supreme Court · 1900
  2. Pierce v. GreenSupreme Court of Iowa · 1940
  3. People ex rel. Jones v. WebbIllinois Supreme Court · 1912
  4. People Ex Rel. Elmore v. AllmanIllinois Supreme Court · 1943
  5. People ex rel. Raster v. HealyIllinois Supreme Court · 1907

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