Board of Supervisors v. People ex rel. Ashbrook
Illinois Supreme Court
Appeal from the Circuit Court of Coles county; the Hon. M. W. Thompson, Judge, presiding. The appellees, being fifteen judgment creditors of Coles county, filed their joint petition for a writ of mandamus in the circuit court of that county against its board of supervisors.
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Appeal from the Circuit Court of Coles county; the Hon. M. W. Thompson, Judge, presiding. The appellees, being fifteen judgment creditors of Coles county, filed their joint petition for a writ of mandamus in the circuit court of that county against its board of supervisors. The petition set up the dates and amounts of the various judgments, aggregating about $80,000, and alleged that said judgments each bear interest at five per cent per annum from their respective recoveries and are each still due, owing and unpaid, and no action has been taken by the county either to sécure a reversal…
1Opinion of the CourtJustice Wilkin
• The question presented by this appeal is whether the allegations of appellees’ petition were sufficient to require an answer and a hearing upon the merits, or whether they were so defective as to justify the court in sustaining a demurrer thereto.
The right of appellees to the writ is based upon the provisions of section 34 of chapter 34. (Hurd’s Stat. 1905, p. 565.) Prior to 1905 this section was as follows: “Execution shall not, in any case, issue against the lands or other property of a county; but when judgment is rendered against a county, the county board shall direct an order to be…
2Cases cited3 opinions
- State Board of Equalization v. People ex rel. GogginIllinois Supreme Court · 1901
- People ex rel. Akin v. Board of Supervisors of Adams CountyIllinois Supreme Court · 1900
- Chicago & Eastern Illinois Railroad v. People ex rel. SmithIllinois Supreme Court · 1905
3Cited by8 opinions
- People Ex Rel. Euziere v. RiceIllinois Supreme Court · 1934
- People Ex Rel. Baird & Warner, Inc. v. LindheimerIllinois Supreme Court · 1939
- People Ex Rel. Dooley v. New York, Chicago & St. Louis RailroadIllinois Supreme Court · 1938
- People ex rel. Chamberlin v. Trustees of Schools of Township No. 1Appellate Court of Illinois · 1943
- People ex rel Krajci v. KellyAppellate Court of Illinois · 1935
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