Legal Opinion

Albany Railroad Bridge Co. v. People ex rel. Matthews

Illinois Supreme Court

Decided June 19, 1902PublishedCited by 8 opinions

Appeal from the County Court of Whiteside county; the Hon. Henry C. Ward, Judge, presiding. This case arose on objections, filed in the county court of Whiteside county by the appellant to the application of the collector for judgment against an order of sale of the bridge of appellant over the Mississippi river, to the middle of the stream, for taxes assessed thereon for the years 1896, 1897 and 1898. The county court, after hearing the issue made, entered judgment and an…

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Appeal from the County Court of Whiteside county; the Hon. Henry C. Ward, Judge, presiding. This case arose on objections, filed in the county court of Whiteside county by the appellant to the application of the collector for judgment against an order of sale of the bridge of appellant over the Mississippi river, to the middle of the stream, for taxes assessed thereon for the years 1896, 1897 and 1898. The county court, after hearing the issue made, entered judgment and an order of sale, and the bridge company appealed. Appellant was chartered on February 14,1857, by the legislature of this…

1Opinion of the Court

Per Cdriam:

The only objection urged in this court to the tax in question is, that the bridge is not located in the town of Garden Plain, and therefore the assessor of that town had no authority to make the assessment. It is undoubted law that the assessment must be made by the proper lawful authority or it will be void. (Chicago and Alton Railroad Co. v. People, 98 Ill. 350.) It is admitted by appellant that the bridge is within the State of Illinois and within Whiteside county, which county extends to the western boundary of the State, but it is contended that it is not within any township…

2Cases cited13 opinions

  1. Hardin v. JordanSupreme Court of the United States · 1891
  2. Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
  3. Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
  4. Iowa v. IllinoisSupreme Court of the United States · 1893
  5. Braxon v. BresslerIllinois Supreme Court · 1872

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3Cited by8 opinions

  1. City of Peoria v. Central National BankIllinois Supreme Court · 1906
  2. People ex rel. Deneen v. Economy Light & Power Co.Illinois Supreme Court · 1909
  3. Kessinger v. Standard Oil Co.Appellate Court of Illinois · 1925
  4. Carter Oil Co. v. DelworthCourt of Appeals for the Seventh Circuit · 1941
  5. Indian Refining Co. v. Ambraw River Drainage Dist.District Court, E.D. Illinois · 1932

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