Commissioners of Highways v. Commissioners of East Lake Fork Special Drainage District

Citations

• 127 Ill. 581

Syllabus

<p>1. Drainage law—action—to recover for benefits to public highway. Under the Drainage law, the drainage commissioners may assess the public roads in their district such sums as they will be benefited, in proportion to the benefits to the other lands, and may recover judgment upon such assessments in an action of debt against the highway commissioners of the town in which such roads may lie.</p> <p>2. Same—pleading—of the declaration in such case. In an action of debt by the commissioners of a union drainage district, against the commissioners of highways, to recover for special assessments made against the public roads of the defendants’ town, the declaration alleged, in substance, the organization of the plaintiffs as a special drainage district ; that they assessed to such public roads such sum as was just and equitable for such roads to pay, in proportion to the benefits received by them by the work of drainage; that they estimated the amount of benefits to the entire district, including those to the roads, giving the relative proportion assessed to such roads and the whole district, which ratio was 3-100; that on a hearing of objections, after due notice to all parties interested, the commissioners filed their certificate of confirmation, from which no appeal was taken by the defendants; that the plaintiffs, having duly divided the district into sub-districts, did assess the public roads in each sub-district by classifying them in the same manner as was done for work on the main ditch, giving the proportions and ratios, and alleging the appearance of the defendants on the hearing of objections and the confirmation of the classification, and the failure of any one to appeal, and showing the refusal of the defendants to pay the assessments on the roads: Held, on general demurrer, that the declaration was sufficient to support a judgment against the, defendants.</p> <p>3. Same — assessment■ of benefits—for what purposes—as to public highways. The formation of dra