People ex rel. Greenwood v. Board of Supervisors
Appellate Court of Illinois
In error to the Circuit Court of Madison County; the Hon. Amos Watts, Judge, presiding. The plaintiffs in error filed their petition in the Circuit Court of Madison County on the 2d day of October, 1883, for a writ of mandamus to compel the defendants in error to make an appropriation of $1,500, in addition to $1,000 which had been appropriated by the County Board, to aid in building a bridge over Wood Kiver in their township.
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In error to the Circuit Court of Madison County; the Hon. Amos Watts, Judge, presiding. The plaintiffs in error filed their petition in the Circuit Court of Madison County on the 2d day of October, 1883, for a writ of mandamus to compel the defendants in error to make an appropriation of $1,500, in addition to $1,000 which had been appropriated by the County Board, to aid in building a bridge over Wood Kiver in their township. A demurrer was sustained to the answer to the petition and the writ awarded, and the case brought to this court at the February term, A. D. 1885, when the judgment of…
1Opinion of the CourtPillsbury, J.
It is conceded that if the court was right in excluding the oral testimony to prove the action of the Commissioners of Highways, there was no error in directing the jury to return a verdict for the respondents.
Before the Commissioners of Highways can demand aid from the county to build a bridge, they must primarily find and determine that certain facts, jurisdictional in their nature, exist in the given case. These facts are:
1st. That a bridge is necessary.
2d. That its construction would be an unreasonable burden upon the town.
3d. That its cost will be more than can be raised in one year by…
2Cases cited8 opinions
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- Stevenson v. Bay CityMichigan Supreme Court · 1872
- Mackin v. PeopleIllinois Supreme Court · 1885
- Highway Commissioners of Rutland v. Highway Commissioners of DaytonIllinois Supreme Court · 1871
- Blemer v. PeopleIllinois Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People's Gas Light & Coke Co. v. GibbonsAppellate Court of Illinois · 1920