Legal Opinion

Harmon v. Auditor of Public Accounts

Appellate Court of Illinois

Decided December 11, 1886PublishedCited by 1 opinion

Appeal from the Circuit Court of Ogle County, the Hon. J. Y. Eustace, Judge, presiding. Statement by Lacey, J. This was a bill in equity, filed to October term, 1882, by the appellants against the appellees, seeking to enjoin the County Treasurer of Ogle County from paying over to the Auditor of Public Accounts so much of the tax as has been collected to pay certain town bonds of the Town of Mt.

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Appeal from the Circuit Court of Ogle County, the Hon. J. Y. Eustace, Judge, presiding. Statement by Lacey, J. This was a bill in equity, filed to October term, 1882, by the appellants against the appellees, seeking to enjoin the County Treasurer of Ogle County from paying over to the Auditor of Public Accounts so much of the tax as has been collected to pay certain town bonds of the Town of Mt. Morris, in said county, and also the County Collector from collecting the remainder of the tax under the law of 1869, to pay said bonds, there having been already collected and in the hands of the…

1Opinion of the CourtLacey, J.

Two points are presented in this case for our consideration, as follows: Was the election held June 30, 1870, void, or was it invalid by the reason of the election having been held by a moderator, and not by judges and clerks the same as regular elections ? If such election is admitted to be illegal, is there an estoppel against appellants, tax-payers who are complainants herein, by reason of the Pinckney suit and final decree of the Supreme Court deciding in favor of the validity of the bonds and the subsequent compromise with the railroad company and the issuing of the $50,000 in bonds in…

2Cases cited11 opinions

  1. Scotland County v. HillSupreme Court of the United States · 1884
  2. Clark v. WolfSupreme Court of Iowa · 1870
  3. Rogers v. HigginsIllinois Supreme Court · 1870
  4. Garrick v. ChamberlainIllinois Supreme Court · 1880
  5. Hamilton v. QuimbyIllinois Supreme Court · 1867

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3Cited by1 opinion

  1. State ex rel. Vidal v. LamoureuxWyoming Supreme Court · 1892

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