The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1885-11-21
THE COURTS.
Supreme Court.


Among the decisions filed in this court on
Saturday were number from this county,
briefly as follows:
Poole ct al. " Breese. Opinion by Justice
Scholfeld. The decision of the Appellate
Court was affirmed. The points in the case
are That the commissioners did not proceed
according to law in laying out the road in
controversy; they did not give proper no.
tees, and therefore did not acquire jurisdic-
ton of all the persons damaged by the lay
ing out of the road The commissioners did
not, before proceeding to ascertain and assess
damages, cause survey and plat of the road
to be made, but assessed the damages with
out survey. The assessmant to the land
owners was unjust, unfair and unlawful, and
the proposed road was unnecessary and the
public do not require it; hence it is an un-
reasonable burden on the taxpayers of the
township
People, &C., v. Otawa Hydraulic Company.
Affirmed. Opinion by Justice Mulkey. Nov.
28, 1884 quo warranto was filed in the
Circuit Court of La Sale county by the
States Attorney, charging that on Nov. Is,
1881, W. H. W. Cushman, John V. A. Hoes,
Lorenzo Leland, George H. Norris, George
Z. Walker, William Kicking and A. H. How.
land pretended to organize stock company
under the above title 1t was further stated
in the information contained in the quo war.
ranto that the objects for which the company
was said to have been organized were fraud
ulent aud without any bona fide intention of
carrying on any business which it was law
ful for it to carry on under the said statute.
information and entered an order dismissing
the same. From that order an appeal was
taken TO the Supreme Court. The Justice
agreed with counsel for the defendant that
the act in question is in legal effect new
charter and recognizes the corporate exist
ence Of the defendant. "When q number of
individuals assume to act as corporation
the information containing general denial
of their rights to do so will be sufficient to
their pleas of justification. But when the
information attempts to- set out their title, as
was done here, which, when taken in consid.
Grafton with public law disclosing such ad-
ditional facts as makes their title good, the
information will necessarily be bad and OBJ.
noxlous to demurrer. Such was the case
here. 1t is fundamental mistake to sup
public law, and there is no difference in this
respect between a public law, strictly so
called, and one merely declared to be so by
the legislature. The only charges
contained in the information affecting the
original organization of the company or its
subsequent right to act as corporation we
regard as covered by the act of 1858, and
this act is expressly declared to be public
act hence there was no necessity of plead
ing it specially. As to the failure of the
stockholders to pay in the stock, we have
already seen that they are released from
the performance of that duty by Sec Of
the act of 1853"
Louise Edmes Matter V. City Of Ottaud.
Affirmed. Opinion by Judge Craig. This
was an action brought by the above plaintiff
in the Circuit Court against the city upon
100 coupons which were attached to certain
bonds executed by the mayor and city clerk
of Ottawa under the authority of an ordi-
nance passed BY the city council June Is,
1869, and also an ordinance adopted July 20
of the same year to carry out the ordinance
of June Is. The court held in number Of