People ex rel. Stine v. Board of Supervisors

Citations

• 47 Ill. 256

Syllabus

<p>1. Mandamus—'alternative writ—effect of demurrer to return, A demurrer to a return to an alternative writ of mandamus, admits the truth of the allegations of such return.</p> <p>2. Highways—power of commissioners to annul proceedings of their predecessors. Commissioners of highways may modify, alter or rescind, any order their predecessors may have made, provided such modification, alteration or rescission, does not affect the rights of third persons acquired under such first order.</p> <p>3. Contkacts—annulling a contract by oneparty does not impair its obligation. Where one party to a contract annuls it, without the consent of the other, such act does not impair its obligation, if it had any. That can always be enforced.</p> <p>4. Highways—duties of county supervisors—after report of commissioners relative to construction of improvements—when may decline to levy special tax therefor. After the estimate of a public improvement has been properly certified to a board of supervisors, such board is not required to act instanter thereon, and to levy and collect the necessary tax therefor, but may, upon due consideration of all the attendant circumstances of the case, if, in its judgment, it may so decide to act, decline to levy such tax. The levy and collection of such special tax, to the amount of such estimate, is a matter entirely discretionary with the board.</p> <p>5. Mandamus—alternative writ—who not entitled to. In a matter concerning public improvements, a writ of mandamus should be denied, where the relator, a mere individual tax payer, has no other interest in the subject matter than the public generally.</p> <p>6. Highways—proceedings of commissioners of—may be inquired into by board of supervisors—for the purpose of ascertaining their jurisdiction. A county board of supervisors have the right, on the instigation of any tax payer, or ex maro motu, to inquire into all the facts which give to highway commissioners in their proceedings, jurisdiction, and when