Mascall v. Commissioners of Drainage District
Illinois Supreme Court
Appeal from the County Court of Henry county; the Hon. John P. Hand, Judge, presiding. The commissioners of the North Edwards Special Drainage District of Henry county, made an assessment upon the land of Bichard Mascall, for drainage purposes. Mascall appealed ' to the county court, and in that court demanded a jury, which was refused. The case was tried by the court without a jury, and at a probate term.
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Appeal from the County Court of Henry county; the Hon. John P. Hand, Judge, presiding. The commissioners of the North Edwards Special Drainage District of Henry county, made an assessment upon the land of Bichard Mascall, for drainage purposes. Mascall appealed ' to the county court, and in that court demanded a jury, which was refused. The case was tried by the court without a jury, and at a probate term. The questions presented are, first, whether the. land owner was entitled to a trial by jury on his appeal to the county court; and second, whether the fact that the appeal was to a probate…
1Opinion of the CourtJustice Scholfield
The question here is, whether the land owner is entitled to a jury, on an appeal to the county court, under section 27 of the Drainage act, approved June 27, A. D. 1885. (Public Laws of A. D. 1885, p. 87.) That section provides, that “any party against whose land a tax has been thus levied, may, within ten days after the list has been deposited with the town clerk, appeal to the county court, by filing a bond, in double the amount of tax appealed from, in the county clerk’s office; but the appeal shall he upon the ground, only, that such tax is a greater amount than the benefits to accrue to…
2Cases cited1 opinion
- Ware v. NottingerIllinois Supreme Court · 1864
3Cited by4 opinions
- White v. WhiteTexas Supreme Court · 1917
- Commonwealth v. ShawellSupreme Court of Pennsylvania · 1937
- City of Huntsville v. PulleySupreme Court of Alabama · 1914
- Galpin v. City of ChicagoAppellate Court of Illinois · 1910