People ex rel. Dix v. City of Chicago
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This is an appeal from the judgment of the court below sustaining a demurrer to and dismissing the petition of appellants against the appellee, the City of Chicago, for a mandamus to compel the latter to lower or cause to* be lowered a portion of the sidewalk on the west side of Rush Street, between Illinois and Michigan Streets, in said city, down to an alleged established grade.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This is an appeal from the judgment of the court below sustaining a demurrer to and dismissing the petition of appellants against the appellee, the City of Chicago, for a mandamus to compel the latter to lower or cause to* be lowered a portion of the sidewalk on the west side of Rush Street, between Illinois and Michigan Streets, in said city, down to an alleged established grade. The petition alleges that petition- . ers owned the real estate fronting east on said Rush Street known as numbers 28,…
1Opinion of the CourtMcAllister, J.
It is the settled law of the Supreme Court of this State, that the writ of mandamus is only to be awarded in a case where the party applying for it shall show a clear right to have the thing sought by it done, and by the person or body sought to be coerced; that the petition must show on its face a clear right to the relief demanded by the relator, who must distinctly set forth all the material facts on which he relies, so that the same may be admitted or traversed. The People ex rel. v. Glann, 70 Ill. 232; The People ex rel. v. Davis, 93 Ill. 133. The court exercises a discretion in granting…
2Cases cited5 opinions
- People ex rel. Chicago & Iowa Railroad v. GlannIllinois Supreme Court · 1873
- People ex rel. Hillard v. DavisIllinois Supreme Court · 1879
- Harker v. Mayor of New YorkNew York Supreme Court · 1837
- Lavalle v. SoucyIllinois Supreme Court · 1880
- Trustees of Elizabethtown v. LeflerIllinois Supreme Court · 1859
3Cited by1 opinion
- Weaver v. SnowAppellate Court of Illinois · 1895