Decker v. Hughes
Illinois Supreme Court
Writ op Error to the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a bill in chancery, brought by the plaintiffs in error, with others, as residents and tax-payers of the town of .Mascoutah, St. Clair county, in the circuit court of that county, to enjoin the collection of certain taxes levied for the purpose of paying the interest on $50,000 in bonds registered in the Auditor’s office, issued by the town of Mascoutah, to the St.…
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Writ op Error to the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a bill in chancery, brought by the plaintiffs in error, with others, as residents and tax-payers of the town of .Mascoutah, St. Clair county, in the circuit court of that county, to enjoin the collection of certain taxes levied for the purpose of paying the interest on $50,000 in bonds registered in the Auditor’s office, issued by the town of Mascoutah, to the St. Louis and Southeastern Railway Company, in payment of a subscription of that amount by the town to the capital stock of…
1Opinion of the CourtJustice Sheldon
The principal point made in favor of the reversal of this decree, is the want of authority to issue the bonds in question.
There is no complaint in the bill of the omission of any required condition preliminary to the making of the subscription or issuing of the bonds, or of any irregularity in the exercise of the power to that end, but the claim made is, that there was an entire want of authority under the law, in the town of Mascoutah, under anv circumstances to make the subscription or issue the bonds.
The votes for the subscription were had, and the subscription made, prior to the adoption…
2Cases cited3 opinions
- People ex rel. McCagg v. Mayor of ChicagoIllinois Supreme Court · 1869
- Lovingston v. WiderIllinois Supreme Court · 1870
- Dunnovan v. GreenIllinois Supreme Court · 1870
3Cited by9 opinions
- Dean Milk Co. v. City of ChicagoIllinois Supreme Court · 1944
- Crozer v. People ex rel. HanbergIllinois Supreme Court · 1903
- Morgan v. SchusselleIllinois Supreme Court · 1907
- Binz v. WeberIllinois Supreme Court · 1876
- Jones v. GrieserIllinois Supreme Court · 1909
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