People ex rel. Hillard v. Davis
Illinois Supreme Court
This was a petition filed in this court for a mandamus to compel the respondents, as commissioners of highways of the town of Oswego, in Kendall county, to levy a tax to pay the damages assessed on the laying out of a highway by three supervisors on appeal, in said town, and take all necessary steps to lay out and open the road. The defendants answered the petition, and to the answer the relators demurred.
1Opinion of the CourtJustice Scholfield
Without considering the objections taken to the respondents’ answer, we think it sufficient for the present to refuse the peremptory writ, because of a vital defect in the petition.
The petition, under the statute, takes the place of the alternative writ, and defects in it are to be taken advantage of as they were when found in the alternative writ. People v. Glann, 70 Ill. 2321
It was the common law rule that defects in substance could be taken advantage of at any time before the granting of the peremptory writ,—even after return made. Bank of Albany v. Canal Commissioners, 10 Wendell, 26; The…
2Cited by20 opinions
- Clement v. GrahamSupreme Court of Vermont · 1906
- Kenneally v. City of ChicagoIllinois Supreme Court · 1906
- North v. Board of Trustees of the UniversityIllinois Supreme Court · 1891
- People ex rel. Hurd v. JohnsonIllinois Supreme Court · 1881
- State ex rel. Fowler v. FinleySupreme Court of Florida · 1892
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