City of Chicago v. Chicago Telephone Co.
Appellate Court of Illinois
Mandamus proceeding. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
The Circuit Court sustained a demurrer to the petition of appellant upon two grounds: First, that the ordinance granted by the City of Chicago to the telephone company, which is set out in full in the petition, constitutes in substance a contract between the parties, notwithstanding statements are required of the appellee and payments are provided for which might tend to benefit the public; and that the writ of mandamus will not issue to enforce a mere contract. Second, that mandamus will not be awarded where it is sought for the…
2Cases cited13 opinions
- Wagner v. City of Rock IslandIllinois Supreme Court · 1893
- People ex rel. Jackson v. Suburban RailroadIllinois Supreme Court · 1899
- Chicago Municipal Gas Light & Fuel Co. v. Town of LakeIllinois Supreme Court · 1889
- City of Belleville v. Citizens' Horse Railway Co.Illinois Supreme Court · 1894
- North v. Board of Trustees of the UniversityIllinois Supreme Court · 1891
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