Legal Opinion

Soran v. Commissioners of Union Drainage District No. 1

Illinois Supreme Court

Decided April 17, 1905PublishedCited by 2 opinions

Appeal from the County Court of Ford county; the Hon. H. H. Kerr, Judge, presiding. Union drainage district No. 1 of the townships of Pella and Brenton, in Ford county, Illinois, was organized under the act of May 29, 1879, f°r the construction of drains, ditches and levees for agricultural, sanitary and mining purposes. The district was fully organized, the assessment made, the contract let and most of the work completed.

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Appeal from the County Court of Ford county; the Hon. H. H. Kerr, Judge, presiding. Union drainage district No. 1 of the townships of Pella and Brenton, in Ford county, Illinois, was organized under the act of May 29, 1879, f°r the construction of drains, ditches and levees for agricultural, sanitary and mining purposes. The district was fully organized, the assessment made, the contract let and most of the work completed. On October 27, 1902, the appellee John A. Montelius and three other land owners of the district made application to the commissioners for additional drainage, under the…

1Opinion of the CourtJustice Wilkin

The only question presented for review here is the action of the court in striking the petition to abandon from the files. The appellants claim that under the provisions of section 44 of chapter 42 it was the duty of the court to order the work abandoned, while appellees claim that the section does not apply to conditions such as are presented in this record.

As above stated, the district was originally organized under the act of May 29, 1879. 'The petition for the additional drainage was filed with the commissioners on October 27, 1902, under section 59 of chapter 42, (Hurd’s Stat. 1899, p.…

2Cited by2 opinions

  1. Commissioners of Sny Island Levee Drainage District v. ShawIllinois Supreme Court · 1911
  2. Dewell v. Commissioners of Sny Island Levee Drainage DistrictIllinois Supreme Court · 1908

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