City of Chicago v. Sansum

Citations

• 87 Ill. 182

Syllabus

<p>1. Mandamus—to compel city to pay judgment. Where a judgment is recovered against a city, a duty rests upon it to pay the same, which -may be enforced by mandamus, at the suit of an assignee of the judgment.</p> <p>2. Practice—time to object for want of demand in proceeding for mandamus. Where no objection is taken in the court below to a want of a previous demand for the payment of money sought to be enforced by mandamus against a city, it can not be urged in this court, even if it is material.</p> <p>3. Former adjudication. A recovery of judgment in a case where payments are pleaded and urged on the trial, is conclusive between the parties, and the same defense can not.be set up and urged a second time on an application for a mandamus to enforce payment of the judgment.</p>