Eenigenburg v. Lincoln-Lansing Drain. Dist

Full title: John G. Eenigenburg, Appellee, v. Lincoln-Lansing Drainage District et…

Court: Appellate Court of Illinois, First District

Date published: Apr 19, 1945

325 Ill. App. 695 (Ill. App. Ct. 1945)

60 N.E.2d 653

Opinion

Gen. No. 43,139. (Abstract of Decision.)

Opinion filed April 19, 1945 Released for publication May 2, 1945

DRAINAGE, § 231^_ — authority to levy assessment to pay judgment. In mandamus proceedings against drainage district and its three commissioners to compel payment of judgment for damages sustained to relator's crops from overflow of land, resulting from defective drainage and destruction of dam by commissioners, held that judgment awarding writ of mandamus should be affirmed, even though district might have no available funds with which to pay judgment, since commissioners had ample authority to levy and collect special assessment.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. JOHN C. LEWE, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the October term, 1944.

Edward T. Howe, for appellants;

Chester D. Kern, for appellee.

Opinion by JUSTICE FRIEND.

Not to be published in full. Opinion filed April 19, 1945; released for publication May 2, 1945.