Legal Opinion

County Commissioners v. People ex rel. Metz

Illinois Supreme Court

Decided December 15, 1849PublishedCited by 57 opinions

This was a proceeding hy mandamus in the Pike county Circuit Court, instituted hy the relator against the county commissioners of that county, to compel the payment to him of the sum of one hundred and twenty-five dollars, and interest, which had been originally appropriated by the Legislature to the county, and by a subsequent law set apart for the improvement of the navigation of McKee’s creek, in said county, to be expended by,, the relator.

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This was a proceeding hy mandamus in the Pike county Circuit Court, instituted hy the relator against the county commissioners of that county, to compel the payment to him of the sum of one hundred and twenty-five dollars, and interest, which had been originally appropriated by the Legislature to the county, and by a subsequent law set apart for the improvement of the navigation of McKee’s creek, in said county, to be expended by,, the relator. By the fifteenth division of the eighteenth section of the act to establish and maintain a system of internal improvements, in force 27th February,…

1Opinion of the Court

Opinion by Treat, C. J.:

It is contended that the relator has not such an interest in the fund sought to be recovered, as will authorize him to prosecute this peculiar remedy. The question, who shall be the relator, in an application for a mandamus, depends upon the object to be attained by the writ. Where the remedy is resorted to for the purpose of enforcing a private right, the person interested in having the right enforced, must become the relator. He is considered as the real party, and his right to the relief demanded must clearly appear. A stranger is not permitted officiously to…

2Cases cited1 opinion

  1. People ex rel. Case v. CollinsNew York Supreme Court · 1837

3Cited by57 opinions

  1. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  2. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  3. Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
  4. State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
  5. Bobbett v. StateSupreme Court of Kansas · 1872

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