Mascall v. Commissioners of Drainage District

Citations

• 122 Ill. 620
• 14 N.E. 47

Syllabus

<p>1. Eight of tbial by jury—on appeal from assessment wnder Drainage law. A land owner, on appeal to the county court from an assessment, under section 27 of the Drainage act, approved June 27, 1885, is entitled to a trial by a jury, if he demands one, on the question whether his land will be benefited by the proposed improvement, and if so, as to its extent.</p> <p>2. Same—in the cownty court. The practice and pleadings in all common law cases in the county court are made the same as in the circuit court in similar cases. In the trial of questions of fact in all common law cases in the latter court, either party is entitled to a jury.</p> <p>3. Same—in the county court at a probate term. In this case the appeal from the drainage assessment was to a probate term of the county court, which is allowable under the statute, and it was contended that, as there was no jury at a probate term, it was intended the judge, alone, should try the case. But the point was not well taken. The statute expressly provides, that “the court shall have the power to impanel a jury in any case cognizable at the probate terms, as well as at the law terms, whenever it shall be necessary for the trial of any matter pending before the court.”</p>