Legal Opinion

People ex rel. Mayo v. Lippincott

Illinois Supreme Court

Decided January 15, 1876PublishedCited by 4 opinions

This is a petition for mandamus to compel the Auditor of Public Accounts to register a certain new bond issued by Macoupin county, in lieu of a prior indebtedness incurred before March 26, 1872, and since February 13, 1865, and which remained outstanding as a subsisting legal obligation against said county from the 26th day of March, 1872, until re-funded on the--day of December, 1875, into the new bond presented to the Auditor for registration.

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This is a petition for mandamus to compel the Auditor of Public Accounts to register a certain new bond issued by Macoupin county, in lieu of a prior indebtedness incurred before March 26, 1872, and since February 13, 1865, and which remained outstanding as a subsisting legal obligation against said county from the 26th day of March, 1872, until re-funded on the--day of December, 1875, into the new bond presented to the Auditor for registration. February 13, 1865, the General Assembly passed “An act relating to county and city debts, and to provide for the payment thereof by taxation in such…

1Opinion of the CourtJustice Sheldon

The petition shows that the new bond of the relator was issued in lieu of old bonds in strict conformity to the act of 1875, and that it was duly presented to the Auditor of Public Accounts for registration under the act of 1865. The demurrer admits all these facts, and the only question presented for our consideration is, whether it was the duty of the Auditor, under the above statutes, being the only ones bearing upon the subject, to register the bond.

The Auditor’s reason for his refusal to register the bond was, that, by reference to section 1 of the act of February 13, 1865, it would be…

2Cited by4 opinions

  1. Coquard v. Village of OquawkaIllinois Supreme Court · 1901
  2. City of East St. Louis v. MaxwellIllinois Supreme Court · 1881
  3. Portland Savings Bank v. City of EvansvilleU.S. Circuit Court for the District of Indiana · 1885
  4. Coquard v. Village of OquawkaAppellate Court of Illinois · 1900

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