County of Du Page v. Martin
Appellate Court of Illinois
Appeal from the Circuit Court of Du Page County; the Hon. C. W. Upton, Judge, presiding. This was a petition for a writ of mandamus filed in the Circuit Court, February 21, 1888, by appellees against appellant, seeking to compel the board of supervisors of Du Page County to appropriate to the appellees, as the commissioners of highways of the town of Winfield, the sum of $1,081.60, one-half the expense of constructing a bridge and its approaches across the Du Page at Gary’s…
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Appeal from the Circuit Court of Du Page County; the Hon. C. W. Upton, Judge, presiding. This was a petition for a writ of mandamus filed in the Circuit Court, February 21, 1888, by appellees against appellant, seeking to compel the board of supervisors of Du Page County to appropriate to the appellees, as the commissioners of highways of the town of Winfield, the sum of $1,081.60, one-half the expense of constructing a bridge and its approaches across the Du Page at Gary’s Mills in said township. By stipulation the cause was submitted to the court for hearing in vacation, in Chicago, at…
1Opinion of the CourtLacey, P. J.
The right to maintain this action by appellees is claimed to exist and arise under Sec. 19 of “ Roads, Highways and Bridges Act,” in force July 1, 1883, approved June 23, 1883, Session Laws 1883, page 142.
The section is as follows, to-wit:
“ When it is necessary to construct or repair any bridge over a stream, or any approach or approaches thereto, by means of an embankment or trestle work on a public road in any town, on or near to, or across the town line,bn which work the town is wholly or in part responsible, and the cost of which will be more than twenty cents on the one hundred dollars…
2Cases cited10 opinions
- People ex rel. Greenwood v. Board of SupervisorsIllinois Supreme Court · 1888
- Ames v. SniderIllinois Supreme Court · 1873
- Johnson v. DonnellIllinois Supreme Court · 1853
- Mott v. ReynoldsSupreme Court of Vermont · 1855
- Brennan v. ShinkleIllinois Supreme Court · 1878
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3Cited by2 opinions
- Village of Gilberts v. RabeAppellate Court of Illinois · 1893
- Village of Belknap v. MillerAppellate Court of Illinois · 1894