Chestnutwood v. Hood
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county ; the Hon. Silas L. Bryan, Judge, presiding. This was a suit in equity, instituted in the circuit court of Randolph county, by Jonathan Chestnutwood, Edmond Menard, and one hundred and ninety others, all citizens and tax payers of that county, to restrain the delivery of certain bonds of the county to the Cairo and St. Louis Railroad Company.
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Appeal from the Circuit Court of Randolph county ; the Hon. Silas L. Bryan, Judge, presiding. This was a suit in equity, instituted in the circuit court of Randolph county, by Jonathan Chestnutwood, Edmond Menard, and one hundred and ninety others, all citizens and tax payers of that county, to restrain the delivery of certain bonds of the county to the Cairo and St. Louis Railroad Company. It is, among other things,, alleged in the bill, that the Cairo and St. Louis Railroad Company are acting and claim to be incorporated by virtue of two acts of the General Assembly —one approved February…
1Opinion of the CourtJustice Soholfield
The only question raised by the errors assigned- is, was the demurrer to the bill properly sustained ?
The right of a citizen and tax-payer in a county to maintain a bill in equity to restrain those who represent the corporate authority of the county from issuing its bonds without the sanction of law, can not, at this day, be seriously questioned. It is amply sustained, both by principle and precedent. Dillon on Mun. Corp. 682, secs. 731, 732 and 733 ; High on Injunctions, 462, secs. 783 and 784. This court has repeatedly acted upon and recognized the correctness of the principle. Prettyman v.…
2Cases cited4 opinions
- Prettyman v. Supervisors of Tazewell CountyIllinois Supreme Court · 1858
- Harding v. Rockford, Rock Island & St. Louis RailroadIllinois Supreme Court · 1872
- Schall v. BowmanIllinois Supreme Court · 1872
- Holcomb v. DavisIllinois Supreme Court · 1870
3Cited by19 opinions
- Stockton v. PowellSupreme Court of Florida · 1892
- LYON v. BatemanUtah Supreme Court · 1951
- In re DennyIndiana Supreme Court · 1901
- Stebbins v. Judge of Superior CourtMichigan Supreme Court · 1896
- Knight v. SheltonU.S. Circuit Court for the District of Eastern Arkansas · 1905
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