Legal Opinion

Kreiling v. Nortrup

Illinois Supreme Court

Decided April 17, 1905PublishedCited by 19 opinions

Writ OE Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Mason county; the Hon. Harry HigbeE, Judge, presiding.

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Writ OE Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Mason county; the Hon. Harry HigbeE, Judge, presiding. At the August term, 1901, of the circuit court of Mason county, the defendants in error filed a petition for a writ of mandamus to compel the plaintiffs in error, as commissioners of the Mason and Tazewell special drainage district, to alter, repair and modify said drainage system so as to provide an outlet of ample capacity to convey the water from the petitioners’ lands. The following facts appear from the allegations of…

1Opinion of the CourtJustice Wilkin

It is first insisted that the court erred in admitting evidence as to the condition of the ditch at the time the petition was filed and three weeks prior thereto; of certain conversations with the commissioners of the district with reference to their duty in dealing with petitioners’ lands in reclaiming them arid recognizing the right of the land owners to the relief asked; also as to a conversation between the commissioners of the district and the commissioners of the Central drainage district with reference to taking the water through the latter district. It is also insisted that the court…

2Cases cited1 opinion

  1. Merchants' Despatch Transportation Co. v. JœstingIllinois Supreme Court · 1878

3Cited by19 opinions

  1. Sabath v. Morris Handler Co.Appellate Court of Illinois · 1968
  2. Binder v. LanghorstIllinois Supreme Court · 1908
  3. Langan v. Milk's Grove Special Drainage District No. 1Illinois Supreme Court · 1909
  4. American Spiral Pipe Works v. Universal Oil Products Co.Appellate Court of Illinois · 1920
  5. Protho v. WilliamsSupreme Court of Arkansas · 1921

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