{
  "id": 2857283,
  "name": "Harry G. Thomas, Appellee, v. Addison J. Platt, Mayor, Appellant",
  "name_abbreviation": "Thomas v. Platt",
  "decision_date": "1914-07-31",
  "docket_number": "Gen. No. 5,952",
  "first_page": "643",
  "last_page": "644",
  "citations": [
    {
      "type": "official",
      "cite": "187 Ill. App. 643"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 174,
    "char_count": 2420,
    "ocr_confidence": 0.514,
    "sha256": "0316a4ca2adeef63d33515574b213f0beb6c0e85240a3bd646eb1ebfa7156ac9",
    "simhash": "1:a3d6c6a3402381fc",
    "word_count": 423
  },
  "last_updated": "2023-07-14T20:57:10.884591+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Harry G. Thomas, Appellee, v. Addison J. Platt, Mayor, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Whitney\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Whitney"
      }
    ],
    "attorneys": [
      "John M. Stager and Henry C. Ward, for appellant.",
      "A. A. Wolfersperger, for appellee."
    ],
    "corrections": "",
    "head_matter": "Harry G. Thomas, Appellee, v. Addison J. Platt, Mayor, Appellant.\nGen. No. 5,952.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Whiteside county; the Hon. Frank D. Ramsay, Judge, presiding. Heard in this court at the April term, 1914.\nAffirmed.\nOpinion filed July 31, 1914.\n\u00a1Statement of the Case.\nPetition filed by Harry Gr. Thomas for a writ of mandamus to compel Addison J. Platt, mayor of the city of Sterling, to sign a warrant for electrical services rendered for the city by the petitioner, the warrant having been made- ont by the clerk after the city council voted to allow the bill. Despondent demurred to the petition, but before the court acted on the demurrer he filed his answer to the petition. Petitioner filed a demurrer to the answer and the demurrer was sustained. Respondent elected to abide by his answer and a writ of peremptory mandamus was ordered. To reverse the order, respondent appeals.\nAbstract of the Decision.\n1. Mandamus, \u00a7 156 \u2014filing of answer as waiving demurrer. The filing of an answer operates in law as a waiver of a demurrer to the petition.\n2. Mandamus, \u00a7 154*\u2014when answer to petition to compel mayor to sign warrant demurrable. A demurrer to an answer filed to a petition for a writ of mandamus to compel the mayor of a city to sign a warrant for services rendered the city, after the city council had audited the bill and the warrant was issued, held properly sustained, where the answer alleged that the services were not rendered at the request of the chairman of the committee, but admitted many allegations of the petition and practically admitted that petition was to have quantum meruit compensation, and it not appearing that the services were not worth the sum voted.\n3. Municipal corporations, \u00a7 1152*\u2014when duty of mayor to sign warrant. It is the duty of the mayor to sign a warrant for services rendered the city, though there was no valid contract for the services, where the city accepted the services and the city council voted to allow the bill, and the warrant was made out on a proper fund and signed by the proper clerk and the sum voted for the services was a reasonable compensation for the services.\nJohn M. Stager and Henry C. Ward, for appellant.\nA. A. Wolfersperger, for appellee.\nSee Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0643-01",
  "first_page_order": 669,
  "last_page_order": 670
}