People ex rel. Wood v. Jones

Citations

• 137 Ill. 35
• 27 N.E. 294

Syllabus

<p>1. Drainage law—organizing or enlarging districts—remedy to test legality. The question whether drainage commissioners have exceeded their powers in organizing a drainage district, or in extending the boundaries of such district by annexing additional lands, can not be raised on bill in chancery to enjoin the collection of an assessment, nor on an application for judgment against lands to pay an assessment. The question must be presented by a direct proceeding, as, by quo warranto.</p> <p>2. Same—bonds of drainage district—of the different modes of issuing them—requirements—limitations. Under the act of May 22, 1885, relating to drainage districts, two modes of issuing bonds of a district are provided. One requires a petition of a majority of the adult land owners of the district, while the other requires no petition; but when the latter mode is pursued, the issue of bonds is limited not to exceed ninety per cent of the assessment or installment, and the time they are to run is limited not to exceed one year beyond the maturity of the assessment, which is not the case in the first named mode.</p>