County of St. Clair v. People ex rel. Keller

Citations

• 85 Ill. 396

Syllabus

<p>1. Mandamus—not granted when right is doubtful. The rule is uniformly established, that a relator must show a clear right before relief will he granted by mandamus. If the right be doubtful or uncertain the court will not interpose.</p> <p>3. Same—in matters of discretion. Where the performance of a duty by a public officer is discretionary, and depends upon the exercise of his judgment as to its necessity or propriety, the court will not interfere to determine how or when he shall exercise the power, but will leave him in the free exercise of his discretion, to act as he shall deem proper. Of this character is the power vested in county hoards to construct bridges.</p> <p>3. Same—when it lies against public officer. Where a duty is imposed to perform a specific act and there remains no discretion to be exercised, the writ will generally lie against an officer to compel its performance; but when the duty is general, depending on judgment and discretion, the writ does not lie.</p> <p>4. Bridges—building, a matter of discretion. County hoards, in counties not under township organization, have the discretionary power to build bridges when they deem the public interest to require them, and the funds of the county will justify the same. This power is beyond the control of the courts.</p> <p>5. Roads—duty to Jceep in repair. If county commissioners were to wholly neglect to have the roads in their counties repaired, no doubt they could be compelled to proceed to have repairs made, but not in a specific manner, but to the performance of the duty, generally, under the statute.</p>