People ex rel. Village of Colfax v. Maxon

Citations

• 139 Ill. 306

Syllabus

<p>1. Municipal corporation—estopped to deny validity of an ordinance. Where village trustees cause an ordinance, purporting to disconnect certain territory from the village, to be published, with its other ordinances, in pamphlet form, purporting to be published by authority, and thus lead others to act on the supposition that the ordinance was legally adopted, they will be estopped from denying the validity of such ordinance.</p> <p>2. Mandamus—basis for refusing without evidence. Where the court renders judgment on petition for mandamus, refusing the same on the pleadings without evidence, the judgment must be based on allegations, of the answer not denied by the pleas.</p>