Drainage Comrs. of Union Drainage District v. Volke
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. The following is the statement of the case made in the Appellate Court: “On the 7th of June, 1894, appellee filed a petition for writ of certiorari, showing that on the 13th of March, 1893, the commissioners of Union Drainage District, a drainage district situated in Cook and Will counties, instituted proceedings before a justice of the peace to condemn a right of way for a ditch over appellee’s land; that he was summoned as…
1Opinion of the Court
Per Curiam :
After a careful consideration of this case we have arrived at the same conclusion as that reached by the Appellate Court, and have concluded to adopt the following" opinion of that court delivered by Mr. Justice Harker :
“Appellants’ first point' of contention is, that the writ should have been quashed because‘of the lapse of time between the condemnation of the land and the suing out of the writ. Mere lapse of time, alone, short of the limitation for the prosecution of a writ of error, will not bar the issuing of a common law certiorari. (Hyslop v. Finch, 99 Ill. 171.) To be…
2Cases cited3 opinions
- Hyslop v. FinchIllinois Supreme Court · 1881
- Trustees of Schools of Town 21 N., Range 5 W. v. School Directors of Union DistrictIllinois Supreme Court · 1878
- Gauen v. Moredock & Ivy Landing Drainage District No. 1Illinois Supreme Court · 1890
3Cited by9 opinions
- Little Tarkio Drainage District No. One v. RichardsonSupreme Court of Missouri · 1911
- Gutschow v. Washington CountyNebraska Supreme Court · 1905
- State Ex Rel. Hancock v. FalkenhainerSupreme Court of Missouri · 1927
- Deslauries v. SoucieIllinois Supreme Court · 1906
- Joyce v. City of ChicagoAppellate Court of Illinois · 1905
4 more not listed; retrieve them via the Exa API.