Board of Supervisors v. Manny
Illinois Supreme Court
Appeal from the Circuit Court of Stephenson county ; the Hon. Benjamin E. Sheldon, Judge, presiding.
1Opinion of the CourtJustice Thornton
An action of assumpsit was brought to recover back moneys paid for taxes assessed upon certain shares in the capital stock of the Second National Bank of Freeport. The taxes were assessed for the years 1865 and 1866.
If any recovery can be had, it is upon the count for money had and received. The principle governing in such case is, that the possession of money has been obtained, which cannot conscientiously be withheld. Such an action is designed for the advancement of justice; and it is applicable, where a person receives money, which, in equity and good conscience, he ought to refund.
The…
2Cited by13 opinions
- Board of Com'rs v. Searight Cattle Co.Wyoming Supreme Court · 1892
- Allsman v. Oklahoma CitySupreme Court of Oklahoma · 1908
- Fay v. SlaughterIllinois Supreme Court · 1901
- Sharp v. City of CarthageMissouri Court of Appeals · 1892
- Ver Straten v. Board of Com'rsWyoming Supreme Court · 1926
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