People v. Curyea
Illinois Supreme Court
This was an application by Rees Morgan for a mandamus, showing that certain persons were duly elected and qualified commissioners of highways for the town of Dayton, in La Salle county, and that these persons, fearing they might be made liable, refused to open and work certain public highways in said township.
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This was an application by Rees Morgan for a mandamus, showing that certain persons were duly elected and qualified commissioners of highways for the town of Dayton, in La Salle county, and that these persons, fearing they might be made liable, refused to open and work certain public highways in said township. The application then sets out the time and manner of the laying out and opening of these roads, and also shows the obstructions to the working of the same, and the resistance thereto. Prayer for a mandamus to said commissioners, commanding them to proceed to discharge their duties by…
1Opinion of the CourtScates, C. J.
Granting the writ of mandamus, under many circumstances, where it might be a proper remedy, is yet within the sound discretion of the court. People ex rel. Brewster v. Kilduff, 15 Ill. R. 501, 502; on Mand. 165,166.
Wo look upon this case as one in which that discretion would lie judiciously and soundly exercised by a refusal of the writ. From the petition, answers, and all the circumstances, wo cannot resist the impression being made upon our minds, that there may be, nor avoid the conclusion that there are, divers landholders who may have a right and grounds to resist, and claims for damages…
2Cited by7 opinions
- North v. Board of Trustees of the UniversityIllinois Supreme Court · 1891
- State ex rel. Hathorn v. United States Express Co.Supreme Court of Minnesota · 1905
- Commissioners of Highways v. People ex rel. BonkerIllinois Supreme Court · 1872
- Territory ex rel. Gildersleeve v. PereaNew Mexico Supreme Court · 1892
- Buckley v. EisendrathAppellate Court of Illinois · 1895
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