Spring Creek Drainage District v. Commissioners of Highways
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon. A. O. Marshall, Judge, presiding. This is a mandamus proceeding filed in the circuit court of Will county by appellee to compel appellants to levy a tax to pay four installments of a special assessment against the town of Joliet for benefits accruing to the highways within said drainage district.
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Appeal from the Circuit Court of Will county; the Hon. A. O. Marshall, Judge, presiding. This is a mandamus proceeding filed in the circuit court of Will county by appellee to compel appellants to levy a tax to pay four installments of a special assessment against the town of Joliet for benefits accruing to the highways within said drainage district. After issues were joined, the circuit court, on a trial without the intervention of a jury, entered a judgment in accordance with the prayer of the petition. From that judgment this appeal has been taken. The district was organized March 20,…
1Opinion of the CourtJustice Carter
The main contention of appellants is that they were not served with notice at any stage of the proceedings, and not having entered their appearance the court had no jurisdiction over the town of Joliet, either in the organization of the district or in confirming the assessment roll. As we understand the record, it is not contended that there is anything to show that the court had jurisdiction of the town except by the orders heretofore set forth in the statement. This action is collateral to the proceedings in the county-court as to this assessment, and no objections can be urged here except…
2Cases cited7 opinions
- People ex rel. Sullivan v. WeberIllinois Supreme Court · 1877
- Commissioners of Union Drainage District No. 1 v. SmithIllinois Supreme Court · 1908
- Cobe v. GuyerIllinois Supreme Court · 1908
- Commissioners of Highways v. Big Four Drainage DistrictIllinois Supreme Court · 1903
- Juvinall v. Jamesburg Drainage DistrictIllinois Supreme Court · 1903
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3Cited by15 opinions
- Glos v. PeopleIllinois Supreme Court · 1913
- Lackey v. Pulaski Drainage DistrictIllinois Supreme Court · 1954
- Sielbeck v. GrothmanIllinois Supreme Court · 1911
- People Ex Rel. Commissioners of Big Lake Special Drainage District v. DixonIllinois Supreme Court · 1931
- Saline Branch Drainage District v. Urbana-Champaign Sanitary DistrictIllinois Supreme Court · 1946
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