Legal Opinion

People ex rel. Boisvert v. Magruder

Illinois Supreme Court

Decided December 15, 1908PublishedCited by 4 opinions

Appeal from the Circuit Court of Kankakee county; the Hon. Prank L. Hooper, Judge, presiding. This is a petition filed by the People, on the relation of Zephir Boisvert and others, in the circuit court of Kankakee county, for leave to file an information in the nature of a quo warranto against Myron Magruder, Joseph Leclair and M. M. Beebe, to require them to show by what authority they hold and exercise the oifice of drainage commissioners of a certain pretended drainage…

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Appeal from the Circuit Court of Kankakee county; the Hon. Prank L. Hooper, Judge, presiding. This is a petition filed by the People, on the relation of Zephir Boisvert and others, in the circuit court of Kankakee county, for leave to file an information in the nature of a quo warranto against Myron Magruder, Joseph Leclair and M. M. Beebe, to require them to show by what authority they hold and exercise the oifice of drainage commissioners of a certain pretended drainage district known as Bourbonnais Union District No. 5. The relators question the legality of the organization of the…

1Opinion of the CourtJustice Scott

The conclusion of the judge of the circuit court was that the drainage district in question was legally organized under the provisions of section 151 of chapter 42, Hurd’s Revised Statutes of 1905, which reads as follows: “Where two or more parties owning adjoining lands which require a system of combined drainage, have by voluntary action constructed ditches which form a continuous line, or line and branches, the several parties shall be liable for their just proportion of such repairs and improvements as may be needed therefor, the amount to be determined as near as may be on the same…

2Cases cited3 opinions

  1. Young v. Commissioners of HighwaysIllinois Supreme Court · 1890
  2. Perry v. BozarthIllinois Supreme Court · 1902
  3. Barnes v. Drainage Commissioners of Drainage Dist. No. 1Illinois Supreme Court · 1906

3Cited by4 opinions

  1. Moore v. Gar Creek Drainage DistrictIllinois Supreme Court · 1914
  2. Cosby v. BarnesIllinois Supreme Court · 1911
  3. People Ex Rel. Fitton v. EhlerIllinois Supreme Court · 1929
  4. Town of Saratoga v. JacobsonAppellate Court of Illinois · 1914

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