Board of Supervisors v. City of Springfield
Illinois Supreme Court
Appeal from the Circuit Court of Macoupin county; the Hon. Horatio M. Vandeveer, Judge, presiding. This was an action of assumpsit by the city of Springfield against Sangamon county, brought in the circuit court of Sangamon county. The venue was changed to Macoupin county by agreement. The declaration contained only the common counts.
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Appeal from the Circuit Court of Macoupin county; the Hon. Horatio M. Vandeveer, Judge, presiding. This was an action of assumpsit by the city of Springfield against Sangamon county, brought in the circuit court of Sangamon county. The venue was changed to Macoupin county by agreement. The declaration contained only the common counts. The suit was brought under the 12th section of “An act to amend the charter of the city of Spi’ingfield,” approved February 18, 1859, which is as follows: “ The county court of Sangamon county shall cause an accurate account to be kept of all expenditures made…
1Opinion of the CourtJustice Thornton
The section of the statute, which is the basis of this suit, is cited in The People ex rel. etc. v. Power, 25 Ill. 190, in which case it was held that the legislature had power to enact the law.
The particular objection now urged to the constitutionality of the act was not then brought to the attention of the court.
It is now contended that the section is in violation of section 5 of article 9 of the constitution of 1848, which provides that counties, cities, etc., may be vested ivith power to assess and collect taxes, which shall be uniform in respect to persons and property within the…
2Cases cited2 opinions
- County of Richland v. County of LawrenceIllinois Supreme Court · 1850
- Board of Supervisors v. CampbellIllinois Supreme Court · 1867
3Cited by19 opinions
- County Commissioners v. City of JacksonvilleSupreme Court of Florida · 1895
- Board of Supervisors v. City of LincolnIllinois Supreme Court · 1876
- McSurely v. McGrewSupreme Court of Iowa · 1908
- Punke v. Village of ElliottIllinois Supreme Court · 1936
- Board of County Commissioners v. Board of Pilot CommissionersSupreme Court of Florida · 1906
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