Wheeler v. County of Wayne
Illinois Supreme Court
Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Wayne county; the Hon. C. S. Conger, Judge, presiding. This action was begun in the circuit court of Wayne county, by plaintiff in error, against defendant in error. The declaration is in assumpsit, containing two counts.
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Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Wayne county; the Hon. C. S. Conger, Judge, presiding. This action was begun in the circuit court of Wayne county, by plaintiff in error, against defendant in error. The declaration is in assumpsit, containing two counts. To this declaration defendant below filed a general demurrer, and the circuit court rendered judgment thereon in its favor, for costs of the suit. The Appellate Court for the Fourth District has affirmed that judgment, and hence this writ of error. The first…
1Opinion of the CourtJustice Wilkin
If the declaration can be sustained at all, it must be upon the theory that the several deeds of conveyance from the county to the plaintiff contain covenants of title, among others, against incumbrances; and therefore the promise averred in the declaration is supported by a sufficient consideration, and binding on the county
Counties can only exercise such powers, first, as are granted by express words; second, those necessarily or fairly implied, in or incident to the powers expressed; and third, those essential to the declared objects and purposes of the corporation, not simply convenient,…
2Cases cited4 opinions
- Frink v. DarstIllinois Supreme Court · 1853
- Sheldon v. HardingIllinois Supreme Court · 1867
- Morris v. WallaceSupreme Court of Pennsylvania · 1846
- Gee v. PharrSupreme Court of Alabama · 1843
3Cited by14 opinions
- In Re Estate of BlakeCalifornia Supreme Court · 1910
- Stevens v. County of HenryIllinois Supreme Court · 1905
- Biwer v. MartinIllinois Supreme Court · 1920
- Alsterberg v. BennettNorth Dakota Supreme Court · 1905
- People ex rel. City of Chicago v. BarrettIllinois Supreme Court · 1923
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