People ex rel. Moody v. Henry
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. W. C. Johns, Judge, presiding. Appellant is a land owner in Drainage District No. 1 in the town of Mt. Zion, Macon county, Illinois, a drainage district organized under section 76 of the Farm Drainage act.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. W. C. Johns, Judge, presiding. Appellant is a land owner in Drainage District No. 1 in the town of Mt. Zion, Macon county, Illinois, a drainage district organized under section 76 of the Farm Drainage act. He filed the petition in this case against appellees, the drainage commissioners in and for said drainage district, praying a writ of mandamus commanding said commissioners to alter the plan or system of drainage adopted by them by substituting for an open…
1Opinion of the CourtJustice Farmer
Section 17 of the Farm Drainage act confers power upon the commissioners to determine upon a system of drainage which shall provide main outlets of ample capacity for the waters of the district. “Preference shall be given to tile drains whenever these will accomplish the purpose, and when open drains are deemed necessary, if it be practicable, these shall follow boundary lines, and parallels, or right angles, as the case, may be, provided the drainage shall not be impaired thereby.” (Hurd’s Stat. 1905, p. 804.) Section 76 of said act, under which this district was organized, provides that…
2Cases cited3 opinions
- People ex rel. Sheppard v. Illinois State Board of Dental ExaminersIllinois Supreme Court · 1884
- Peotone & Manteno Union Drainage District No. 1 v. AdamsIllinois Supreme Court · 1896
- East St. Louis Connecting Railway Co. v. People ex rel. StookeyIllinois Supreme Court · 1887
3Cited by10 opinions
- People ex rel. Shamel v. BaldridgeIllinois Supreme Court · 1915
- Davis v. WirthAppellate Court of Illinois · 1928
- First National Bank of Manlius v. GarlandAppellate Court of Illinois · 1911
- Calder v. City of ChicagoAppellate Court of Illinois · 1913
- Curl v. WinansAppellate Court of Illinois · 1921
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