Town of Cicero v. People
Appellate Court of Illinois
Mandamus.—Appeal from the Circuit Court of Cook County; the Hon. Marcus Kavanagh, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. This is a writ for mandamus to compel the town of Cicero to pay a judgment of $3,410.95, with interest and costs thereon recovered against it by the relators, Sackley and Peterson, on the 27th day of April, A. D. 1896. The petition alleges that relators made a written demand for the payment of said judgment; that…
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Mandamus.—Appeal from the Circuit Court of Cook County; the Hon. Marcus Kavanagh, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. This is a writ for mandamus to compel the town of Cicero to pay a judgment of $3,410.95, with interest and costs thereon recovered against it by the relators, Sackley and Peterson, on the 27th day of April, A. D. 1896. The petition alleges that relators made a written demand for the payment of said judgment; that appellant (the town) responded that there was no money in the fund to pay this judgment; that a new supplemental…
1Opinion of the CourtJustice Burke
Appellant claims that the judgment in favor of petitioners was recovered on a contract for a local improvement payable out of special assessments; that there is no money in the special fund and that therefore mandamus will not lie. The record in this case shows that the judgment in question is a general judgment and does not appear to be a judgment payable out of a special fund.
If appellant’s claim is good, that the work done by petitioners should be paid out of a special fund, diligence on its part at the time final judgment was entered required that it should have moved the court to have…
2Cases cited15 opinions
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Peake v. New OrleansSupreme Court of the United States · 1891
- People ex rel. Thatcher v. Village of Hyde ParkIllinois Supreme Court · 1886
- Litch v. ClinchIllinois Supreme Court · 1891
- Belford v. WoodwardIllinois Supreme Court · 1895
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