Coles County v. Allison
Illinois Supreme Court
This suit was brought against defendant, Allison, for a failure to perform road labor which he was bound to perform to the county, unless he was within the corporate limits of the town of Mattoon.
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This suit was brought against defendant, Allison, for a failure to perform road labor which he was bound to perform to the county, unless he was within the corporate limits of the town of Mattoon. It was agreed by the parties that Allison, at the time, resided on the north half of section 23, town 12 north, range 7 east, in said county, which is outside of the limits of the old corporation, and that he was liable in this suit, unless exempted by an act of thp legislature, approved 22nd February, 1859, to incorporate the town of Mattoon, which was pleaded in bar to the suit. It was further…
1Opinion of the CourtBreese, J.
The day indicated by the legislature as the day on which the election of town officers should be held, was not of the essence of the incorporation of the town of Mattoon, and if the day, by some means free from design or fraud, was passed by, the power to elect on a subsequent day was not taken-away. It must be considered as directory only. 2 Kent’s Com. 295, and the cases cited in note. ,
But it appears the election was held on the day indicated, and the parties elected failed to qualify. An election at a subsequent day, under such circumstances, cannot be questioned. The trustees they…
2Cases cited1 opinion
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
3Cited by15 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- The People v. WoodruffIllinois Supreme Court · 1956
- Board of Excise v. Board of Directors of School Dist. No. 27Supreme Court of Oklahoma · 1912
- People ex rel. Young v. Trustees of FairburyIllinois Supreme Court · 1869
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