Legal Opinion

Anderson v. Village of Berwyn

Appellate Court of Illinois

Decided November 15, 1905No. Gen. No. 12,004PublishedCited by 3 opinions

Bill for injunction. Appeal from the Superior Court of Cook county; the Hon. Theodobe Beentano, Judge, presiding. Statement toy the Court.

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Bill for injunction. Appeal from the Superior Court of Cook county; the Hon. Theodobe Beentano, Judge, presiding. Statement toy the Court. George H. Anderson and his seventeen co-appellants as householders and takers of water from the waterworks of the village of Berwyn filed their bill of complaint in the court below on the 11th day of January, 1904, against the village of Berwyn, its president, board of trustees, clerk, treasurer and superintendent, the appellees in this appeal, to enjoin the defendants from refusing to supply the complainants with water from the water works of the village.…

1Opinion of the Court

Mr. Presiding Justice Smith

delivered the opinion of the court.

The parties to this controversy seem to have treated the hearing on the motion for an injunction as a final hearing of the cause, and they so treat it on this appeal. In the absence of any objection, we will so treat it.

Appellants by their bill attack the validity of the ordinance and resolutions set out therein. The answers and affidavits of appellees bring to the atténtion of the court the amended resolutions and considerations of fact relating to the propriety of the exercise of the powers claimed to be conferred upon the…

2Cases cited5 opinions

  1. Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
  2. Wagner v. City of Rock IslandIllinois Supreme Court · 1893
  3. Arms v. AyerIllinois Supreme Court · 1901
  4. State ex rel. Hallauer v. GosnellWisconsin Supreme Court · 1903
  5. Prindiville v. JacksonIllinois Supreme Court · 1875

3Cited by3 opinions

  1. Farkas v. City of AlbanySupreme Court of Georgia · 1914
  2. People ex rel. Luthardt v. Retirement Board of Policemen's Annuity & Benefit FundAppellate Court of Illinois · 1934
  3. Vitacolonna v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1954

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