Callister v. Kochersperger

Decided November 1, 1897

Illinois Supreme Court · decided 1897-11-01

Elbridge Hanecy, Judge, presiding. This is an appeal from a decree entered in the circuit court of Cook county sustaining a general demurrer to a bill in chancery filed by appellants against the appellees, and dismissing the bill at the cost of the appellants.

Relies on Fisher v. People ex rel. Kern

Good law ✅— No negative treatment on recordhow we know

Decided 1897-11-01

How this case has been cited

Cited by 12 later decisions — most recently October 1925

12 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Boggs

¶1delivered the opinion of the court:

¶2Courts of equity will interfere to restrain any substantial departure from the terms of an ordinance in the performance of work thereunder, if applied to in apt time, while the work is in progress. If the work as performed by the contractor is accepted by the city and the contractor settled with and paid, as is the case here, the remedy to be invoked by the property holder, if the work is not done in substantial compliance with the provisions of the ordinance, is the writ of mandamus to compel the city authorities to complete the work as contemplated by the ordinance. (Fisher v. People, 157 Ill. 85; People ex rel. v. Green, 158 id. 594.) An injunction will not be awarded in such case to restrain the collection of a special assessment, therefore the bill was obnoxious to the demurrer.

¶3The decree is affirmed.

¶4Decree affirmed.