Springfield & Illinois Southeastern Railway Co. v. County Clerk

Citations

• 74 Ill. 27

Syllabus

<p>1. Mandamus — will not be awarded in doubtful cases. The writ of mandamus is one of the extraordinary remedies provided by law, and should never be awarded unless the party applying for it shows a clear right to have the thing sought by it done and by the person or body sought to be coerced. In doubtful cases it should not be granted.</p> <p>2. The petitioner in an application for a mandamus, like a plaintiff in an ordinary case, is bound to state a case prima facie good.</p> <p>3. Taxation to pay donation to railroad — certificate of election — by whom,. When the law requires the trustees of a township to certify the result of an election on the question of a donation to a railroad company, to the county clerk, a petition for a mandamus to compel the county clerk to extend a tax to pay such donation, which alleges that a majority of the votes cast were in favor of such donation, and that that fact was certified by the town clerk to the county clerk, and that the town clerk was the proper officer to so certify, is bad on demurrer.</p> <p>4. Election in respect to donation—identity of proposition voted upon. And where the petition shows that two propositions were submitted to the people of a town upon the question of a donation to a railroad company, one for the levying of a tax, and the other for issuing bonds to pay such donation if made, and that a majority of the votes cast were in favor of “ said proposition,” a mandamus to compel the county clerk to extend the tax mentioned in the first proposition will not be awarded.</p>