People ex rel. Chicago & Iowa Railroad v. Glann
Illinois Supreme Court
Weit of Ebbob to the Circuit Court of De Kalb county; the Hon. Theodobe D. Mubphy, Judge, presiding. This was a petition for a mandamus, filed by the Chicago and Iowa Railroad Company against James F. Glann, supervisor of Squaw Grove township, and others, to compel the issue and delivery of the bonds of the township, to the amount of §25,000, in pursuance of a vote of the people.
Read the full summary
Weit of Ebbob to the Circuit Court of De Kalb county; the Hon. Theodobe D. Mubphy, Judge, presiding. This was a petition for a mandamus, filed by the Chicago and Iowa Railroad Company against James F. Glann, supervisor of Squaw Grove township, and others, to compel the issue and delivery of the bonds of the township, to the amount of §25,000, in pursuance of a vote of the people. The opinion of the court states the necessary facts of the case to a clear understanding of the opinion delivered. The court sustained a special demurrer to the petition.
1Opinion of the CourtJustice Scholfield
By the 10th section of the acts relating to practice in courts of record, in force July 1st, 1872, in cases of mandamus, the petition takes the place of the alternative writ, becomes the foundation of all subsequent proceedings, and must, consequently, be governed by the same rules of pleading as are applicable.to declarations in other cases at law.
It has been repeatedly said by this court, that the writ of mandamus is only to be awarded in a case where the party applying for it shall show a clear right to have the thing sought by it done, and by the person or body sought to be coerced.…
2Cases cited1 opinion
- People ex rel. Harless v. HatchIllinois Supreme Court · 1863
3Cited by20 opinions
- Dement v. RokkerIllinois Supreme Court · 1888
- Feder v. Midland Casualty Co.Illinois Supreme Court · 1925
- City of Chicago v. People ex rel. GrayIllinois Supreme Court · 1904
- State ex rel. Fowler v. FinleySupreme Court of Florida · 1892
- Powell v. People ex rel. HedrickIllinois Supreme Court · 1905
15 more not listed; retrieve them via the Exa API.