Morgan Creek Drainage District v. Hawley
Illinois Supreme Court
Writ oE Error to the County Court of Kendall county; the Hon. William Hill, Judge, presiding. This is a writ of error sued out of this court to review a judgment of the county court of Kendall county confirming an assessment made by the drainage commissioners of Morgan .Creek Drainage District, a drainage district organized under the Levee act.
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Writ oE Error to the County Court of Kendall county; the Hon. William Hill, Judge, presiding. This is a writ of error sued out of this court to review a judgment of the county court of Kendall county confirming an assessment made by the drainage commissioners of Morgan .Creek Drainage District, a drainage district organized under the Levee act. Upon the presentation of the petition for the organization of the district the court found it in compliance with the requirements of law and appointed commissioners to lay out the district. The commissioners so appointed filed their report, and July…
1Opinion of the CourtJustice Farmer
No bill of exceptions is incorporated in the record, and therefore only such errors assigned as are shown by the record are subject to review by this court.
It is objected that the oath taken by the commissioners to assess benefits was not the oath required to be taken by the statute, and that in making the assessment the commissioners assessed benefits against lands of plaintiff in error taken for right of way for the ditches. Section 17 of the Levee act provides that after -the damages have been agreed upon and approved by the court, “the commissioners shall be sworn to faithfully and…
2Cases cited9 opinions
- Payson v. People ex rel. ParsonsIllinois Supreme Court · 1898
- Badger v. Inlet Drainage DistrictIllinois Supreme Court · 1892
- Gauen v. Moredock & Ivy Landing Drainage District No. 1Illinois Supreme Court · 1890
- Drainage Commissioners of Drainage District No. 2 v. KinneyIllinois Supreme Court · 1908
- Tibbs v. AllenIllinois Supreme Court · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Commissioners of Sny Island Levee Drainage District v. ShawIllinois Supreme Court · 1911
- West Skokie Drainage District v. DawsonIllinois Supreme Court · 1909
- Stokes v. Bay Bottoms Drainage DistrictIllinois Supreme Court · 1917
- Commissioners of Hartwell Drainage & Levee District v. MickelberryIllinois Supreme Court · 1913
- Morgan Creek Drainage District v. HawleyIllinois Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.