People v. Illinois Central R. R.

Citations

• 62 Ill. 510

Syllabus

<p>1. Mandamus—return. The return to the alternative writ in this case having traversed all the material allegations in the writ, a demurrer thereto was overruled, and leave given the relator to withdraw the same, and make an issue of fact.</p> <p>2. SAME--ra/¿erc granted. A writ of mandamus is never granted, of course, but only at the discretion of the court, and only where some just- and useful end is to be attained.</p> <p>3. III. Central B. R. Co.—sole of its lands an credit. By the act of 1854 (Sess. Laws 192), a reasonable discretion was gran ted to this company to sell its lands upon credit, and authority may properly be inferred to fix a reasonable minimum price.</p> <p>4. Same—abuse of power. The courts have power to control any attempted abuse of the authority to sell on credit. The credit should not be extended so long as to postpone to an indefinite or an unusual time the day of payment. The price should not be so regulated 'as to prevent, or unreasonably retard, sales.</p> <p>5. Same—collecting purchase money. The company should not permit purchasers to retain the purchase money after maturity to evade the law, or with the view of relief from taxation, but should use all usual and reasonable efforts to enforce collections without unnecessary harassment or rigorous oppression of the debtor. Ordinary delay, not intended to further any bad or unlawful purpose, will not afford sufficient grounds for awarding a writ of mandamus.</p> <p>6. Same—compelling sales. The provision in the charter of the company directing that all the lands remaining unsold at the expiration of ten years from the completion of the road and its branches, shall be offered at public sale annually, until the whole is disposed of, imposes a duty in such vague and general terms, that this court, in view of the serious consequences and difficulties in the way, does not feel justified in enforcing it by mandamus without further legislation. If the legislature should prescribe the terms of s