Hall v. People ex rel. Rogers

Citations

• 57 Ill. 307

Syllabus

<p>1. Mandamus—petition for, to compel commissioners to open highway— averments therein, whether sufficient. Upon the filing of a petition for a writ of mandamus to compel the commissioners of highways of a certain township to take the necessary steps to open a road, which, as alleged, had been already laid out by a former board of commissioners of the township, and the damages to the several parties over whose land the road was to be constructed had been assessed against them, it being objected that it did not appear that the relators were citizens of the town, although it was regarded as more accurate if the petition had contained an express averment that the relators resided in the township, yet it appearing from the record that one of the relators was one of the commissioners who laid out the road, and that the other was one of the petitioners for the same, and so described in the proceeding, such allegation being nowhere in express terms denied in the return to the alternative writ, it was held sufficient in that regard.</p> <p>2. Same—wlw may institute the proceeding. The act sought to have performed by the respondents, being a public duty, in which tlie.people of the whole town were interested, any citizen of the town had the right to become a relator and institute the proceeding. It was unhecessary for the relators to show they had any other interest in the object of the writ than that of mere private citizens interested in common with the public in the performance of the act.</p> <p>3. Hishways—laying out the same—action of majority of commissioners only required. In laying out the road, the action of a majority of the commissioners thereon, was sufficient to render their proceeding valid, the statute having expressly provided that whenever the commissioners of highways shall receive a petition for a highway, that “they, or a majority of” them “ may proceed to act in the premises.”</p> <p>4. Same—assessment of damages on lands over which constructed—agreeme