People ex rel. American Central Railway v. Supervisor of Ohio Grove Township

Citations

• 51 Ill. 191

Syllabus

<p>1. Mandamus—writ is the dedwraiion—return the plea. In proceedings for a mandamus, the alternative writ stands for the declaration, and the return as a plea.</p> <p>2. Same—requisites of a return. The return to a writ of mandamus must positively and distinctly set out the facts, so that the relator may traverse the same.</p> <p>3. It is not sufficient to aver conclusions of law. And if the facts are not stated, or if insufficiently stated, the plea will be held bad.</p> <p>4 Greater certainty is required in a return, than in an ordinary plea in bar, and every intendment is made against a return to a writ of mandamus, which does not answer the important facts.</p> <p>5. Election—registry Iom. An election to subscribe stock to' the American Central Railway, as provided by the amendment to the charter of said railroad, passed February 21,1859, is not within the registry law.</p>