Legal Opinion

McConkey v. Smith

Illinois Supreme Court

Decided September 15, 1874PublishedCited by 12 opinions

Appeal from the Circuit Court of McHenry county; .the Hon. Theodore D. Murphy, Judge, presiding.

1Opinion of the CourtJustice Breese

This was a bill in chancery, filed by William J. McConkey, in the McHenry circuit court, against Lot Smith, collector of taxes for the town of Chemung, in that county, to restrain from collecting certain taxes assessed against the complainant, on the allegation such taxes were unlawfully assessed:

There was a demurrer to the bill, which was sustained, the injunction dissolved and the bill dismissed. To reverse this judgment, complainant appeals.

As the demurrer admits all the facts which are properly pleaded, the question is, do the facts as pleaded warrant the interposition of a court of…

2Cases cited4 opinions

  1. Morgan v. Hannah's LesseeTennessee Supreme Court · 1849
  2. Cleghorn v. PostlewaiteIllinois Supreme Court · 1867
  3. Drake v. PhillipsIllinois Supreme Court · 1866
  4. Darling v. GunnIllinois Supreme Court · 1869

3Cited by12 opinions

  1. People ex rel. Bracher v. OrvisIllinois Supreme Court · 1921
  2. Dietman v. HunterIllinois Supreme Court · 1955
  3. Little Sister Coal Corp. v. DawsonIllinois Supreme Court · 1970
  4. Billinghurst v. Spink CountySouth Dakota Supreme Court · 1894
  5. Northwestern Bell Telephone Co. v. State Board of Equalization & AssessmentNebraska Supreme Court · 1929

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