Legal Opinion

People ex rel. Friend v. Wieboldt

Illinois Supreme Court

Decided April 23, 1908PublishedCited by 20 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. G. A. Carpenter, Judge, presiding. This was a petition for a writ of mandamus, filed on March 7, 1906, in the circuit court of Cook county, in the name of the People,.upon the relation of Moritz Friend and Roesy Friend, against William A. Wieboldt, Carl Hansen, the city of Chicago and certain of its officers.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. G. A. Carpenter, Judge, presiding. This was a petition for a writ of mandamus, filed on March 7, 1906, in the circuit court of Cook county, in the name of the People,.upon the relation of Moritz Friend and Roesy Friend, against William A. Wieboldt, Carl Hansen, the city of Chicago and certain of its officers. Answers and replications were filed, and upon a trial by the court without a jury the prayer of the petition was denied and the petition dismissed…

1Opinion of the CourtChief Justice Hand

delivered the opinion.of the court:

The statute provides that the city council in cities, and the president and board of trustees in villages, shall have power to lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets, avenues, sidewalks, wharves, parks and public grounds, and vacate the same, (Hurd’s Stat. 1905, chap. 24, art. 5, sec. 1, par. 7, p. 299,) provided no city council of any city or board of trustees of any village or town shall have the power to vacate or close any street or alley, or any part thereof, except upon a three-fourths majority vote of…

2Cases cited7 opinions

  1. Ligare v. City of ChicagoIllinois Supreme Court · 1891
  2. Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
  3. City of Peoria v. JohnstonIllinois Supreme Court · 1870
  4. Parker v. Catholic BishopIllinois Supreme Court · 1893
  5. Meyer v. Village of TeutopolisIllinois Supreme Court · 1890

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. D. M. Goodwillie Co. v. Commonwealth Electric Co.Illinois Supreme Court · 1909
  2. Murphy v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1910
  3. New-Mark Builders, Inc. v. City of AuroraAppellate Court of Illinois · 1967
  4. Rohrbaugh v. MoklerWyoming Supreme Court · 1920
  5. People ex rel. Huempfner v. BensonIllinois Supreme Court · 1920

15 more not listed; retrieve them via the Exa API.

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