Lavalle v. Soucy

Citations

• 96 Ill. 467
• 1880 Ill. LEXIS 60

Syllabus

<p>1. Mandamus—petition must show a clear right. A writ of mandamus will be awarded only in a case where the party applying for it shows a clear right to have the defendant do the thing which is sought to be compelled to be done. The petition must show, upon its face, a clear right to the relief demanded, and every material fact on which the petitioner relies, must be distinctly set forth.</p> <p>2. Where a petition for a mandamus, by a supervisor of Cahokia Commons, against his predecessor, alleged that at the time of the election of the petitioner, and prior thereto, the defendant “ had possession and control of all the books, papers and moneys belonging to the said Commons,” which he refused to deliver over to the petitioner on demand, but failed to state that there were any books, papers and moneys belonging to the Commons, it was held that the petition was bad on demurrer.</p> <p>3. Same—supervisor must pay moneys to the trustees. The supervisor of the Cahokia Commons is required, by statute, to pay over certain moneys in his hands to the trustees of the village of Cahokia, and not to his successor in office, so it did not appear that the petitiener was entitled to receive from his predecessor in office moneys in his hands, if any there were.</p>