Legal Opinion

Williams v. Town of Roberts

Illinois Supreme Court

Decided January 15, 1878PublishedCited by 11 opinions

Appeal from the Circuit Court of Marshall county; the Hon. John Burns, Judge, presiding. This was an action of assumpsit, by appellant, as assignee of the Hamilton, Lacón and Eastern Railroad Company, against appellee, upon a certain bond executed and delivered by appellee to said railroad company, as follows: “$1000. No. 17. “ United States of America, State of Illinois, County of Marshall, Town of Roberts: “ Know all men by these presents, that the town of Roberts,, in the…

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Appeal from the Circuit Court of Marshall county; the Hon. John Burns, Judge, presiding. This was an action of assumpsit, by appellant, as assignee of the Hamilton, Lacón and Eastern Railroad Company, against appellee, upon a certain bond executed and delivered by appellee to said railroad company, as follows: “$1000. No. 17. “ United States of America, State of Illinois, County of Marshall, Town of Roberts: “ Know all men by these presents, that the town of Roberts,, in the county of Marshall and State of Illinois, is indebted to the Hamilton, Lacon and Eastern Railroad Company, or bearer,…

1Opinion of the CourtChief Justice Scholfield

This court has repeatedly announced the doctrine, that where a municipality is empowered to subscribe to the capital stock of a railroad company, and issue its bonds in payment of the subscription, but it is also required that there shall first be an affirmative vote of a majority of the electors of the municipality to that effect, no power exists to make the subscription and issue the bonds until after such vote shall have been obtained, at an election held for that- purpose, called by the authority prescribed by the law, and upon such notice of the time and place of holding the election as…

2Cases cited2 opinions

  1. Marshall v. SillimanIllinois Supreme Court · 1871
  2. Barnes v. Town of LaconIllinois Supreme Court · 1877

3Cited by11 opinions

  1. Harter v. KernochanSupreme Court of the United States · 1881
  2. Jonesboro City v. Cairo & St. Louis RailroadSupreme Court of the United States · 1884
  3. Bilek v. City of ChicagoIllinois Supreme Court · 1947
  4. Newberry Library v. Board of EducationIllinois Supreme Court · 1945
  5. Morton v. CarlinNebraska Supreme Court · 1897

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