Kilgour v. Drainage Commissioners
Illinois Supreme Court
Appeal from the County Court of Whiteside county; the Hon. William Lane, Judge, presiding. This is an action of debt, brought by the drainage commissioners of Montmorency township, Whiteside county, against William M. Kilgour, upon an appeal bond given by him on an appeal to three supervisors from an assessment of benefits upon his land for a drain, under the township drainage statute of this State, in force July 1, 1879. The declaration alleges the execution and delivery of…
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Appeal from the County Court of Whiteside county; the Hon. William Lane, Judge, presiding. This is an action of debt, brought by the drainage commissioners of Montmorency township, Whiteside county, against William M. Kilgour, upon an appeal bond given by him on an appeal to three supervisors from an assessment of benefits upon his land for a drain, under the township drainage statute of this State, in force July 1, 1879. The declaration alleges the execution and delivery of the bond in perfecting an appeal from an assessment of the commissioners, to three supervisors, and sets out in one of…
1Opinion of the CourtJustice Dickey
A preliminary question is presented by the motion of appellees — whether an appeal lies in this case directly to this court. It is insisted that the matters involved in this action do not relate to the revenue, but that the enforcement of a contract is all that is embraced in the suit. We can not accede to this view. While it is true that the action is brought upon appellant’s appeal bond given on his appeal from a special assessment upon his land, yet the sum actually recoverable in this form of action is the amount of the assessment, and nothing more, except the costs. The appeal bond is…
2Cases cited4 opinions
- Mix v. PeopleIllinois Supreme Court · 1877
- Hohmann v. EitermanIllinois Supreme Court · 1876
- King v. RamsayIllinois Supreme Court · 1852
- People v. StahlIllinois Supreme Court · 1882
3Cited by18 opinions
- Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
- Lasher v. PeopleIllinois Supreme Court · 1899
- People ex rel. Graham v. InglisIllinois Supreme Court · 1896
- Village of Hyde Park v. SpencerIllinois Supreme Court · 1886
- In re Dexter-Greenfield Drainage Dist.New Mexico Supreme Court · 1915
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