People ex rel. Burke v. Mayor of Bloomington

Citations

• 63 Ill. 207

Syllabus

<p>1. City op Bloomington, duty of., to keep its streets in repair. The charter of the city of Bloomington gives the city council full power to keep in repair the streets, and to provide for keeping them in repair, and to prohibit obstructions therein. This power being granted to be exercised for the public benefit, its execution can be insisted upon as a duty.</p> <p>2. Same—of the remedy to compel the city authorities to act. And a writ of mandamus is an appropriate proceeding to. compel the city authorities to act.</p> <p>3. Mandamus to compel a city to put its streets in repair—to whom the writ should he directed. The power having been given to the city council, and the charter providing that the mayor shall preside at its meetings, and in case of a tie in any vote of the council shall give the casting vote, such a writ is properly directed to the mayor and city council, in their official capacity, instead of to the city of Bloomington.</p>