Kane v. City of Charleston
Illinois Supreme Court
Appeal from the Circuit Court of Coles county; the Hon. Francis M. Wright, Judge, presiding. Appellant filed his bill in the circuit court of Coles county, against the city of Charleston and its mayor and treasurer, to enjoin the issue and negotiation of certain refunding bonds. This bill was held bad on demurrer and dismissed, and to reverse that order this appeal is taken.
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Appeal from the Circuit Court of Coles county; the Hon. Francis M. Wright, Judge, presiding. Appellant filed his bill in the circuit court of Coles county, against the city of Charleston and its mayor and treasurer, to enjoin the issue and negotiation of certain refunding bonds. This bill was held bad on demurrer and dismissed, and to reverse that order this appeal is taken. The only question for our decision, therefore, is, does the bill state a case entitling the complainant to the relief prayed. The bill sets up section 12 of article 9 of the constitution of 1870, which provides that no…
1Opinion of the CourtJustice Wilkin
Counsel for appellant say, “the contention of the bill is that the constitution of 1870, by section 12 of article 9, puts a limit upon the duration of all municipal indebtedness ; that every municipal debt created since 1870 must be paid within twenty years, and that bonds issued for the purpose of refunding such indebtedness are but an evasion of the'constitution, and are therefore void.” The argument, however, in support of the theory of the bill, does not go to the extent here indicated. It is not pretended that a municipal indebtedness, otherwise legally incurred, ceases to be valid and…
2Cases cited3 opinions
- East St. Louis v. AmySupreme Court of the United States · 1887
- City of East St. Louis v. People ex rel. GundlachIllinois Supreme Court · 1888
- City of Quincy v. WarfieldIllinois Supreme Court · 1861
3Cited by7 opinions
- Coquard v. Village of OquawkaIllinois Supreme Court · 1901
- Cook v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1935
- Hoehamer v. Village of Elmwood ParkIllinois Supreme Court · 1935
- State ex rel. Proctor v. WalkerSupreme Court of Missouri · 1906
- People Ex Rel. McDonough v. Atchison, Topeka & Santa Fe Railway Co.Illinois Supreme Court · 1934
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