Legal Opinion

Buckley v. Eisendrath

Appellate Court of Illinois

Decided April 22, 1895PublishedCited by 2 opinions

Mandamus.—To compel the issuing of a building permit. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Submitted at the March term, 1895, of this court. Statement of the -Case.

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Mandamus.—To compel the issuing of a building permit. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Submitted at the March term, 1895, of this court. Statement of the -Case. Appellant filed his amended petition for mandamus in the Circuit Court of Cook County, making Simon B. Eisendrath, commissioner of buildings of the city of Chicago, and the city of Chicago, parties defendant, praying a writ of mandamus directed to Eisendrath' as commissioner of buildings of the city of Chicago, and the city of Chicago, commanding Eisendrath to apply to-certain…

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

The petition, while stating that the petitioner is the owner of a certain lot and that he desires to improve the same, fails to allege that he applied to the defendant Eisendrath for a permit to erect a building upon that or any other particular lot.

The petition does not purport to set forth all of the ordinances of the city of Chicago relative to the erection of buidings therein, but alleges that he, the petitioner, has complied with all and every one of the requirements of the ordinances of said city relative to the erection…

2Cases cited1 opinion

  1. People v. CuryeaIllinois Supreme Court · 1855

3Cited by2 opinions

  1. State ex rel. Leiser v. KochWisconsin Supreme Court · 1909
  2. Myers v. FortunatoCourt of Chancery of Delaware · 1922

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