Town of Kankakee v. Kankakee & Indiana Railroad
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Kankakee county; the Hon. Franklin Blades, Judge, presiding. A bill in chancery, in the name of the town of Kankakee as complainant, was filed in the office of the clerk of the circuit court of Kankakee county, against the Kankakee and Indiana Railroad Company and others.
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Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Kankakee county; the Hon. Franklin Blades, Judge, presiding. A bill in chancery, in the name of the town of Kankakee as complainant, was filed in the office of the clerk of the circuit court of Kankakee county, against the Kankakee and Indiana Railroad Company and others. The substance of the allegations were, that in 1871, the town of Kankakee took $30,000 in the capital stock of the Kankakee and Indiana' Railroad Company, which subsequently built a road from Kankakee to St.…
1Opinion of the CourtJustice Scholfield
The suit is one of importance, and its prosecution and defence, if conducted to a final hearing,.must be attended with heavy expenses in attorneys’ fees and in court costs. It is therefore more than a matter of form to the tax-payers of the town that it shall only be commenced and prosecuted at their expense by lawful authority. If the suit was commenced without authority, the action of the court in dismissing it was proper. Frye v. Calhoun County, 14 Ill. 132.
Under our system of township organization there is no officer or board representing the -corporate authority of the town. The…
2Cases cited3 opinions
- Colton v. HanchettIllinois Supreme Court · 1852
- Administrators & Heirs of Frye v. County of CalhounIllinois Supreme Court · 1852
- Cooper v. Town of DelavanIllinois Supreme Court · 1871
3Cited by11 opinions
- People ex rel. Neil v. KnopfIllinois Supreme Court · 1897
- Gregg v. Town of BourbonnaisAppellate Court of Illinois · 1945
- Town of O'Fallon v. Ohio & Mississippi Railway Co.Appellate Court of Illinois · 1892
- Town of Big Grove v. Town of FoxAppellate Court of Illinois · 1900
- Evers v. Collinsville TownshipAppellate Court of Illinois · 1995
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