Legal Opinion

Town of Prairie v. Lloyd

Illinois Supreme Court

Decided November 26, 1880PublishedCited by 3 opinions

Appeal from the Circuit Court of Shelby county; the Hon. W. ft. Welch, Judge, presiding. This is a bill in chancery filed by complainants, against the defendants, in the Shelby county circuit court, on the 29th day of July, 1876, for the purpose of enjoining a tax levied for the payment of the interest on certain railroad donation bonds, amounting in the aggregate to $40,000, issued by the town authorities of the town of Prairie, and registered in the office of the Auditor…

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Appeal from the Circuit Court of Shelby county; the Hon. W. ft. Welch, Judge, presiding. This is a bill in chancery filed by complainants, against the defendants, in the Shelby county circuit court, on the 29th day of July, 1876, for the purpose of enjoining a tax levied for the payment of the interest on certain railroad donation bonds, amounting in the aggregate to $40,000, issued by the town authorities of the town of Prairie, and registered in the office of the Auditor of Public Accounts, under the act of April 16, 1869. The bill charges in substance, that “ on the 3d day of October,…

1Opinion of the CourtJustice Mulkey

The various objections to the tax sought to be enjoined in this case may be grouped together under two general heads, namely, such as question the validity of the bonds themselves, and those which merely question the right of the auditor to levy the tax under the provisions of the act of April 16, 1869. The bonds in question having been issued after the present constitution went into effect, the burden of showing they were issued in compliance with a vote of the people of the town, had prior to the adoption of the present constitution, in pursuance of some law then providing therefor, rests…

2Cases cited3 opinions

  1. People ex rel. Mitchell v. WarfieldIllinois Supreme Court · 1858
  2. Board of Supervisors of Jackson County v. BrushIllinois Supreme Court · 1875
  3. Melvin v. LisenbyIllinois Supreme Court · 1874

3Cited by3 opinions

  1. Hutchinson v. SelfIllinois Supreme Court · 1894
  2. Choisser v. People ex rel. RudeIllinois Supreme Court · 1892
  3. Eddy v. People ex rel. NolenIllinois Supreme Court · 1889

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