Commissioners of Highways v. Commissioners of East Lake Fork Special Drainage District
Illinois Supreme Court
Appeal from the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was an action of debt, for the amount of benefits assessed against certain highways. The defendants demurred to the declaration, but the court overruled the demurrer, and the defendants electing to stand by their demurrer, and refusing to answer over, judgment was given for the plaintiffs.
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Appeal from the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was an action of debt, for the amount of benefits assessed against certain highways. The defendants demurred to the declaration, but the court overruled the demurrer, and the defendants electing to stand by their demurrer, and refusing to answer over, judgment was given for the plaintiffs. The declaration alleges, that plaintiff, at the time mentioned therein, was a duly organized drainage district under the act of the General Assembly entitled “An act to provide for drain.age for agricultural and…
1Opinion of the CourtJustice Scholfield
The first contention in the printed argument filed on behalf of appellants is, since the purpose of the formation of drainage districts is limited by the constitution (art. 4, sec. 3,) and by the statute (Laws 1885, p. 77, et seq.,) to “agricultural or sanitary purposes,” no lands can be assessed as specially benefited unless they shall be found to be benefited for agricultural or sanitary purposes. If by this it is intended that the lands benefited shall be directly devoted to the raising of agricultural crops or to sanitary uses, and that the benefits shall consist alone in improving the…
2Cases cited8 opinions
- County of McLean v. City of BloomingtonIllinois Supreme Court · 1883
- Craw v. Village of TolonoIllinois Supreme Court · 1880
- City of Olney v. Harvey & BoydIllinois Supreme Court · 1869
- Higgins v. City of ChicagoIllinois Supreme Court · 1857
- Hundley & Rees v. Commissioners of Lincoln ParkIllinois Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
- McMechan v. YenterIllinois Supreme Court · 1922
- Roby v. Shunganunga Drainage DistrictSupreme Court of Kansas · 1908
- Drainage District No. 1 v. Richardson CountyNebraska Supreme Court · 1910
- Commissioners of Highways v. Big Four Drainage DistrictIllinois Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.