County of Franklin v. Layman
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Perry County; the Hon. G. W. Wall, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Perry County; the Hon. G. W. Wall, Judge, presiding. The county of Franklin issued to the Belleville and Eldorado Railroad Company 149 bonds of the county, of the par value of $1,000 each, 49 of which purported to be issued by the county under an act of the general assembly of the State of Illinois, approved November 6, 1849; and 100 of such bonds purporting to be issued by the county under an act of the general assembly of the State, entitled: “Ah act to incorporate the Belleville…
1Opinion of the CourtJustice Shope
delivered, the opinion of the Court:
I. The first point made by appellant is that the court erred in admitting parol evidence of the contract of November 7, 1883, between the county and appellees. It is insisted that the instrument executed by appellees that day, and delivered to the county, was the best evidence of the agreement between the parties, and could alone be resorted to, to establish the agreement. This would undoubtedly be correct, if said written memorandum related to the subject matter sought to be proved by parol. By reference to that instrument, set out in the foregoing…
2Cases cited1 opinion
- Aldrich v. DurhamIllinois Supreme Court · 1855
3Cited by15 opinions
- Mecom v. FordTexas Supreme Court · 1923
- Morgan v. City of RockfordIllinois Supreme Court · 1940
- Wilson v. County of MarshallAppellate Court of Illinois · 1930
- Davis v. City of San AntonioCourt of Appeals of Texas · 1913
- Green v. Lancaster CountyNebraska Supreme Court · 1901
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