Legal Opinion

Board of Supervisors v. Davenport

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 25 opinions

Writ of Error to the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was a suit in chancery commenced in February, 1864, in the Circuit Court of Tazewell county, by, John Davenport against the board of supervisors of Tazewell county and Hugh K. Alexander; and the cause was subsequently removed into the Circuit Court of McLean county, upon change of venue.

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Writ of Error to the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was a suit in chancery commenced in February, 1864, in the Circuit Court of Tazewell county, by, John Davenport against the board of supervisors of Tazewell county and Hugh K. Alexander; and the cause was subsequently removed into the Circuit Court of McLean county, upon change of venue. The bill was to enjoin the board of supervisors of Tazewell county, and Hugh K. Alexander, the collector of taxes for the town and city of Pekin, in said county, from the collection of certain taxes assessed by…

1Opinion of the CourtJustice Breese

Two questions are presented by this record: First, has a court of chancery jurisdiction of the subject-matter of the bill of complaint, and, second, was the complainant therein a resident of this State, or the property which he controlled as agent, or which he held in his own right, liable to taxation in this State under our revenue laws.

The first question is of no importance if the second is decided against the defendant in error, and to that we will devote our attention.

Very able arguments have been presented on both sides of this question, and we have examined them and deliberated upon…

2Cases cited11 opinions

  1. Catlin v. HullSupreme Court of Vermont · 1849
  2. Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
  3. In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
  4. Williams v. . VanderbiltNew York Court of Appeals · 1863
  5. Douglas v. Mayor of New YorkThe Superior Court of New York City · 1853

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3Cited by25 opinions

  1. City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
  2. Gallagher v. GallagherCourt of Appeals of Texas · 1919
  3. Way v. WayIllinois Supreme Court · 1872
  4. People, Ex Rel. Jefferson v. . SmithNew York Court of Appeals · 1882
  5. In re the Estate of JeffersonSupreme Court of Minnesota · 1886

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