Comm'rs of Highways of Deer Park v. O'Sullivan
Appellate Court of Illinois
Appeal from the Circuit Court of La Salle county; the Hon. George W. Stipp, Judge, presiding. This case was tried in the court below upon the following agreed state of facts: State oe Illinois, ) gg Circuit Court thereof, La Salle County. J " October Term, A. D. 1883. John O’Sullivan v. The Commissioners of Highways of the Town of Deer Park. Assumpsit. Agreed case. Damages $1,500. And now comes the plaintiff, by Duncan & O’Connor and II.
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Appeal from the Circuit Court of La Salle county; the Hon. George W. Stipp, Judge, presiding. This case was tried in the court below upon the following agreed state of facts: State oe Illinois, ) gg Circuit Court thereof, La Salle County. J " October Term, A. D. 1883. John O’Sullivan v. The Commissioners of Highways of the Town of Deer Park. Assumpsit. Agreed case. Damages $1,500. And now comes the plaintiff, by Duncan & O’Connor and II. T. Gilbert, his attorneys; and also the defendants come, by Henry Gunn, their attorney, and by agreement waive the service of process and all formal…
1Opinion of the CourtPillsbury, J.
It is admitted that at the time of the contract between the commissioners of highways and the payees of the order there was no money in the treasury applicable to their payment, and that the levy of taxes for the current year had been levied to meet other expenses during the year, and it sufficiently appears from these facts, taken in connection with the order itself, that it was not in contemplation of the parties that the money derived from taxes already levied for the present fiscal year should be applied to the payment of the work or in taking up the orders issued.
The order is payable…
2Cases cited3 opinions
- City of Springfield v. EdwardsIllinois Supreme Court · 1877
- Commissioners of Highways v. NewellIllinois Supreme Court · 1875
- Brauns v. Town of PeoriaIllinois Supreme Court · 1876
3Cited by2 opinions
- Adams v. Commissioners of HighwaysAppellate Court of Illinois · 1909
- Randolph v. Town of BernadotteAppellate Court of Illinois · 1927