Legal Opinion

City of Rock Island v. Huesing

Appellate Court of Illinois

Decided January 7, 1888PublishedCited by 1 opinion

Appeal from the Circuit Court of Rock Island; the Hon. John J. Glenn, Judge, presiding. This was a hill in equity brought by the appellee, a resident and taxpayer of the City of Rock Island, praying to have it enjoined from maintaining, managing and controlling an abattoir, or public slaughtering house, within the city limits, and from passing any ordinance or making any contract for such purpose, and from appropriating or expending any of the money of the said city for such…

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Appeal from the Circuit Court of Rock Island; the Hon. John J. Glenn, Judge, presiding. This was a hill in equity brought by the appellee, a resident and taxpayer of the City of Rock Island, praying to have it enjoined from maintaining, managing and controlling an abattoir, or public slaughtering house, within the city limits, and from passing any ordinance or making any contract for such purpose, and from appropriating or expending any of the money of the said city for such purpose, or for hire, wages or salary of a deputy health commissioner, or other person, for superintending or managing…

1Opinion of the CourtLacey, J.

The appellant raises some preliminary questions as to the right of the appellee, a mere taxpayer, to maintain the suit. It is insisted that the amount of appellee’s tax is so insignificant, it being only 26 cents per annum in addition on account of abattoir expenses, that a court of equity would not notice it; that the appellee is not acting in good faith on his own account, hut is proceeding in the interest of the butchers of the City of Rock Island; that a taxpayer can not enjoin the levy and collection of the proposed tax, levied for the purpose of maintaining the abattoir in the manner…

2Cases cited6 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Tugman v. City of ChicagoIllinois Supreme Court · 1875
  3. Wright v. BishopIllinois Supreme Court · 1878
  4. Schaeffer v. BonhamIllinois Supreme Court · 1880
  5. Hesing v. ScottIllinois Supreme Court · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Bednarski v. City of West HammondAppellate Court of Illinois · 1912

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