Council of Glencoe v. People ex rel. Owen

Citations

• 78 Ill. 382

Syllabus

<p>1- Service—return by deputy must be in principal’s name. If summons is served by a regular deputy of a sheriff, the return must be in the name of the latter. The act of the deputy in such case is, in law, the act of the principal. * *</p> <p>2. Same—rule different when made by a special deputy. But where summons is served by a special deputy by appointment indorsed thereon, the statute does not require the return, which is to be made under oath, to be in the name of the sheriff.</p> <p>3. Summons—description of municipal corporation sued. Where the municipal government of a village is vested in a council consisting of a president and five councilmen, a summons in a proceeding for a mandamus to enforce a public duty against ‘‘the council” of the village, will be good, and it need not be directed to “the president and councilmen” of the village.</p> <p>4. Service—upon village corporation. A summons in a suit against the council of a village, in a proceeding to obtain a mandamus to compel the performance of a public duty, is properly served upon the president alone.</p> <p>5. Same—of mandamus. But a peremptory writ of mandamus against a municipal corporation is governed by different principles, and must be served upon those persons composing the council at the time of service.</p> <p>6. Villages—right to become incorporated under general law of the State. Where a proper petition is presented to the council of a village incorporated under a special act or charter, praying for an election to vote upon the question of organizing under the general incorporation law, the council have no discretion to refuse to call the election, but should act upon the same at the earliest convenient moment, and appoint judges to hold the election and give notice of the time and place of holding the same.</p> <p>7. If the council should unreasonably postpone the time for holding the election, and fail to appoint judges to hold it, or neglect to give the proper notice, the courts will com