Huston v. Clark
Illinois Supreme Court
Writ op Error to the County Court of Edgar county; the Hon. Andrew J. Trogden, Judge, presiding. This was a proceeding commenced in the county court of Edgar county, under section 2 of the Drainage act of May 29, 1879, known as the “Levee act, ” for the formation of a drainage district, and the assessment of benefits upon the lands embraced therein, above damages.
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Writ op Error to the County Court of Edgar county; the Hon. Andrew J. Trogden, Judge, presiding. This was a proceeding commenced in the county court of Edgar county, under section 2 of the Drainage act of May 29, 1879, known as the “Levee act, ” for the formation of a drainage district, and the assessment of benefits upon the lands embraced therein, above damages. The petition, signed by a majority of the adult land owners having more than one-third of the lands in the proposed district, was filed in the county court on February 18, 1882, and properly described the lands sought to be…
1Opinion of the CourtJustice Dickey
The principal objection urged against the validity of the proceeding and the judgment of the county court is, that the act of May 29, 1879, under which they were had, is unconstitutional and void, as an attempt to confer upon the judicial department the power of taxation. It is claimed that the district organized was the act of the county court, and not that of the people residing therein, and it is urged that the commissioners, who are called the “corporate authorities” of the district, were not elected by the people of the district, nor appointed in any mode to which they had given their…
2Cases cited1 opinion
- Blake v. PeopleIllinois Supreme Court · 1884
3Cited by13 opinions
- People ex rel. Elder v. SoursSupreme Court of Colorado · 1903
- Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
- People ex rel. Attorney General v. CassidaySupreme Court of Colorado · 1911
- City of Chicago v. StrattonIllinois Supreme Court · 1896
- City of Chicago v. ReevesIllinois Supreme Court · 1906
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