Legal Opinion

McGann v. People

Appellate Court of Illinois

Decided November 1, 1901Published

Petition for Mandamus. — Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.

1Opinion of the CourtJustice Waterman

It is quite true, as is urged by appellant, that a writ of mandamus should not be issued unless the petitioner shows a clear right to the relief sought and avers in his petition every material fact necessary to show that a legal duty rested upon the respondent to do that which it is sought to compel him to do. Swift v. Klein, 163 Ill. 269; People v. Village of Crotty, 93 Ill. 186; People ex rel. McCagg v. Mayor, etc., 51 Ill. 18.

The principal contention of appellant is that the ordinance granted to the relator is invalid, because the petition for such ordinance was not signed by owners of…

2Cases cited10 opinions

  1. City of Springfield v. EdwardsIllinois Supreme Court · 1877
  2. City of Beardstown v. City of VirginiaIllinois Supreme Court · 1875
  3. Chicago Dock & Canal Co. v. GarrityIllinois Supreme Court · 1885
  4. Smith v. StateCourt of Appeals of Maryland · 1886
  5. Ottawa Gas Light & Coke Co. v. DowneyIllinois Supreme Court · 1889

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