City of Chicago v. People ex rel. Union Trust Co.
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. The appellee, the People of the State of Illinois ex rel. the Union Trust Company, filed its petition in the superior court of Cook county against the city of Chicago and its mayor and board of aldermen, praying for a writ of mandamus to compel them to provide, by proper appropriation, for the payment of certain indebtedness of the city. The petition alleged that the city of Chicago had by ordinance, at various times,…
1Opinion of the CourtJustice Wilkin
The answer of appellants admits the material allegations of the petition, but seeks to avoid the issuing of the writ Upon the ground the city does not have the financial means, income and revenue out of which to appropriate the money necessary to pay the public benefits; that the city is indebted in excess of the amount of its constitutional limitations; that it cannot lawfully incur any further indebtedness; that it can not lawfully borrow money for the payment of the public benefits or for carrying on its general municipal duties; that it is charged with the primary duty of maintaining its…
2Cases cited2 opinions
- People ex rel. Hemstreet v. CrabbIllinois Supreme Court · 1895
- People ex rel. Rinard v. Town of Mount MorrisIllinois Supreme Court · 1893
3Cited by12 opinions
- People Ex Rel. Gramlich v. City of PeoriaIllinois Supreme Court · 1940
- State ex rel. Lyons v. Bank of ConceptionMissouri Court of Appeals · 1913
- Pennington v. GilbertCourt of Appeals of Maryland · 1925
- People ex rel. Chamberlin v. Trustees of Schools of Township No. 1Appellate Court of Illinois · 1943
- City of Chicago v. Union Trust Co.Appellate Court of Illinois · 1908
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