{
  "id": 3116706,
  "name": "The People of the State of Illinois ex rel. Anton Leleikis, Appellee, v. William E. Dever, Mayor, etc., et al., Appellants",
  "name_abbreviation": "People ex rel. Leleikis v. Dever",
  "decision_date": "1925-10-06",
  "docket_number": "Gen. No. 30,125",
  "first_page": "255",
  "last_page": "256",
  "citations": [
    {
      "type": "official",
      "cite": "238 Ill. App. 255"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "222 Ill. 150",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3340662
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/222/0150-01"
      ]
    },
    {
      "cite": "292 Ill. 139",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        4979001
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/292/0139-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 233,
    "char_count": 2763,
    "ocr_confidence": 0.542,
    "pagerank": {
      "raw": 8.958875016565372e-08,
      "percentile": 0.5019549402301061
    },
    "sha256": "3a2f9d22a2f0583973f0e5f4e7db06ee85cb6b7f7113300cba5572be661ae521",
    "simhash": "1:d200640b54b03ee4",
    "word_count": 467
  },
  "last_updated": "2023-07-14T20:00:21.859488+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois ex rel. Anton Leleikis, Appellee, v. William E. Dever, Mayor, etc., et al., Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Fitch\ndelivered the opinion of the court.\nThis appeal is from a judgment in a mandamus proceeding directing defendants to issue a license to the petitioner \u201cto operate as a retail beverage dealer\u201d at 1401 West 47th street, Chicago. No brief has been filed by the petitioner.\nThe evidence tends to prove that one Julius Bunis, who owns the premises mentioned, operated a \u201csoft drink parlor\u201d there prior to July 15, 1924, when his license was revoked; that he then leased the place to petitioner, who is a laborer living next door and who works for a man \u201cin the scrap iron business\u201d; that petitioner paid one month\u2019s rent, but never took possession; that \u201cas he couldn\u2019t speak English very well,\u201d he \u201csent somebody down to apply for the license\u201d; that a policeman \u201cinvestigated,\u201d found Bunis in possession operating without a license, and after a talk with bim reported that in his opinion the use of petitioner\u2019s name in the application for a license was a mere subterfuge to enable Bunis to obtain another license. Upon this report the application of petitioner was refused.\nThe writ of mandamus is not a writ of absolute right and should not be issued in doubtful eases. (People v. Blair, 292 Ill. 139.) Nor can it be used to control or review the discretion of properly authorized city officials in the matter of issuing licenses unless there has been a clear abuse of that discretion. (Harrison v. People, 222 Ill. 150.) While such officials may not arbitrarily refuse to issue such a license, neither will they be compelled to issue one when in their discretion, reasonably and fairly exercised, it has been refused by them. (Harrison v. People, supra, 153.)\nNo such abuse of discretion was shown in this case, and therefore the judgment was erroneous and is reversed.\nReversed.\nBarnes, P. J., and Gridley, J., concur.",
        "type": "majority",
        "author": "Mr. Justice Fitch"
      }
    ],
    "attorneys": [
      "Francis X. Busch, Corporation Counsel, for appellants; Albert H. Veeder and Bernard A. Condon, Asst. Corporation Counsels, of counsel.",
      ".No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois ex rel. Anton Leleikis, Appellee, v. William E. Dever, Mayor, etc., et al., Appellants.\nGen. No. 30,125.\n1. Mandamus \u2014 right to issuance. A writ of mandamus is not a writ of absolute right, and should not be issued in doubtful cases.\n2. Mandamus \u2014 control or review of discretion of city officials. Mandamus cannot be used to control or review the discretion of properly authorized city officials in the matter of issuing licenses, unless there has been a clear abuse of that discretion.\nAppeal by defendants from the Superior Court of Cook county; the Hon. Waiter P. Steffen, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.\nReversed.\nOpinion filed October 6, 1925.\nFrancis X. Busch, Corporation Counsel, for appellants; Albert H. Veeder and Bernard A. Condon, Asst. Corporation Counsels, of counsel.\n.No appearance for appellee."
  },
  "file_name": "0255-01",
  "first_page_order": 285,
  "last_page_order": 286
}