Drainage Commissioners of Drainage District No. 2 v. Kinney
Illinois Supreme Court
Appear from the Circuit Court of Christian county; the Hon. A. M. Rose, Judge, presiding. This is an appeal from a decree of the circuit court of Christian county perpetually enjoining the collection .of a special assessment levied by appellants. Appellees are nineteen owners of lands in the district.
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Appear from the Circuit Court of Christian county; the Hon. A. M. Rose, Judge, presiding. This is an appeal from a decree of the circuit court of Christian county perpetually enjoining the collection .of a special assessment levied by appellants. Appellees are nineteen owners of lands in the district. The case presented upon the pleadings and evidence in the court below was substantially as follows: Drainage district No. 2 was duly organized on December 19, 1903, and thereafter an engineer was employed to make a survey and estimate for a system of drainage. His estimate as to the part to be…
1Opinion of the CourtJustice Carter
Appellees concede that there is no charge of fraud, nor is it shown that there have been any improper or improvident expenditures by appellants. Appellees offered to show on the hearing that the benefits to the lands in the district re-suiting from the drainage system would not be equal to the entire cost involved, including this assessment. The court would not permit evidence to be introduced to support this offer. Appellees’ chief contention is, even conceding good faith and fidelity of the drainage commissioners and conceding that the land owners in the district, including appellees, have…
2Cases cited7 opinions
- Chicago, Burlington & Quincy Railway Co. v. People ex rel. GrimwoodIllinois Supreme Court · 1904
- Morgan v. Hannah's LesseeTennessee Supreme Court · 1849
- Winkelmann v. Moredock & Ivy Landing Drainage DistrictIllinois Supreme Court · 1897
- County of Cook v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1864
- City of Chicago v. NoonanIllinois Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fairley v. City of DuluthSupreme Court of Minnesota · 1921
- St. Louis Merchants' Bridge Co. v. EiseleIllinois Supreme Court · 1914
- People ex rel. Cullen v. AndersonIllinois Supreme Court · 1909
- Morgan Creek Drainage District v. HawleyIllinois Supreme Court · 1909
- Schafer v. GerbersIllinois Supreme Court · 1908
14 more not listed; retrieve them via the Exa API.