Legal Opinion

Lovingston v. Board of Trustees

Illinois Supreme Court

Decided June 21, 1881PublishedCited by 9 opinions

Appeal from the Appellate Court for the Fourth District; ■ — heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. ■ This was a suit brought in the circuit court by the trustees of schools, on the official bond of John B. Lovingston, as township treasurer for town 2 north, range 10 west, in St. Clair county.

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Appeal from the Appellate Court for the Fourth District; ■ — heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. ■ This was a suit brought in the circuit court by the trustees of schools, on the official bond of John B. Lovingston, as township treasurer for town 2 north, range 10 west, in St. Clair county. Section 12 of article 7, of the charter of the city of East St. Louis, directs that one-half of the moneys arising from dvam-shop licenses collected by the city officers be paid to the township treasurer of the township…

1Opinion of the CourtJustice Walker

Appellants claim that the services of Lovingston, rendered in procuring the bonds and their subsequent sale, were no part of his official duty, and are not covered by his salary, and the order of the school board making the extra allowance of $1481.25 was legal and binding. It is also insisted, that the license fee paid by dram-shop keepers is a tax, and must be uniform, and being a city tax, under the constitution it could only be appropriated for city purposes, and the constitution prohibits the application of one-half, or any other portion, to school purposes.

The 72d section of the School…

2Cases cited2 opinions

  1. People v. ThurberIllinois Supreme Court · 1852
  2. Illinois Mutual Fire Insurance v. City of PeoriaIllinois Supreme Court · 1862

3Cited by9 opinions

  1. Estate of Ramsay v. People ex rel. Southern Illinois PenitentiaryIllinois Supreme Court · 1902
  2. Bachrach v. NelsonIllinois Supreme Court · 1932
  3. People v. FosterIllinois Supreme Court · 1890
  4. Eugene v. Lane CountyOregon Supreme Court · 1908
  5. People v. CooperAppellate Court of Illinois · 1882

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