People ex Rel. v. Village of Midlothian

Full title: People ex rel. Charles De Leuw and Company, Plaintiff, v. Village of…

Court: Appellate Court of Illinois, First District

Date published: May 28, 1940

305 Ill. App. 626 (Ill. App. Ct. 1940)

26 N.E.2d 419

Opinion

Gen. No. 40,616. (Abstract of Decision.)

Opinion filed May 28, 1940

MANDAMUS, § 51^_ — village, compelling payment of judgment. Mandamus was properly issued to compel village to issue bonds to pay plaintiff's judgment and to levy taxes to pay the bonds, because issuance of such bonds was not discretionary with defendant, but amounted to a duty, and such issuance of bonds would not increase indebtedness within meaning of constitutional limitation.

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

Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.

Affirmed. Heard in second division, first district, this court at October term, 1938.

Paul T. Klenk, for appellant;

Franklin W. Klein, of counsel;

Langworthy, Stevens Bartlit, for appellee;

B.F. Langworthy, of counsel.

Opinion by JUSTICE SCANLAN.

"Not to be published in full." Opinion filed May 28, 1940.