Opinion
Gen. No. 42,235. (Abstract of Decision.)
Opinion filed January 25, 1943
MANDAMUS, § 128 — burden of proving municipal corporation's lack of funds out of which to pay condemnation judgments. On mandamus to compel municipal corporation to pay condemnation judgments against it, defendant has burden of proving its defense of lack of funds out of which judgments may be paid.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. FRANCIS B. ALLEGRETTI, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the June term, 1942.
Murphy Pearson, for appellants;
Walter W. Pearson, John T. Murray and Lawrence L. O'Connor, of counsel;
Urion, Bishop Sladkey, for appellees;
Howard F. Bishop and Robert F. Dewey, of counsel.
"Not to be published in full." Opinion filed January 25, 1943.