Harrison v. People
Appellate Court of Illinois
Man (1 am ns.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. Fred Jaeger, the 4th day of October, 1900, filed his petition in the Circuit Court for a mandamus commanding the mayor of the city of Chicago to issue to him a license to conduct a bowling alley on the corner of Webster avenue and Sheffield avenue, in the city of Chicago.
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Man (1 am ns.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. Fred Jaeger, the 4th day of October, 1900, filed his petition in the Circuit Court for a mandamus commanding the mayor of the city of Chicago to issue to him a license to conduct a bowling alley on the corner of Webster avenue and Sheffield avenue, in the city of Chicago. Jaeger’s petition was based upon ordinances of the city which provide, in substance, that no person shall keep a bowling alley for profit, unless licensed so to…
1Opinion of the Court
Hr. Justice Waterman
delivered the opinion of the court.
The ordinance upon which appellee relies is not that the mayor shall issue licenses, but that he is authorized so to do.
A peremptory writ of mandamus will not be issued unless the right to it be clear. The petition must show on its face a clear right to the writ demanded and its issue is a matter of discretion with the court. The People ex rel. v. Davis et al., 93 Ill. 133.
We are also of the opinion that the mayor has a discretion as to whether he will issue such licenses. As is said in Swift v. The People, 63 Ill. App. 453, as to the…
2Cases cited2 opinions
- People ex rel. Hillard v. DavisIllinois Supreme Court · 1879
- Swift v. People ex rel. PowersAppellate Court of Illinois · 1896
3Cited by4 opinions
- Hunstiger v. KilianSupreme Court of Minnesota · 1915
- City of Chicago v. People ex rel. ByrneAppellate Court of Illinois · 1904
- Peragallo v. LunerNew Jersey Court of Chancery · 1926
- People Ex Rel. Pielet Bros. v. Village of McCookAppellate Court of Illinois · 1955