Legal Opinion

Strodtmann v. County of Menard

Illinois Supreme Court

Decided October 14, 1895PublishedCited by 18 opinions

Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Menard county; the Hon. Cyrus Epler, Judge, presiding.

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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Menard county; the Hon. Cyrus Epler, Judge, presiding. On December 19, 1892, the county of Menard, which is not under township organization, had an empty treasury, and on said day its board of county commissioners, in regular session convened, adopted the following order: “State of Illinois, 1 Menard County. j “The board of county commissioners of Menard county, State of Illinois, met in regular session December 19, A. D. 1892. As there is no money in the treasury of Menard county,…

1Opinion of the CourtJustice Baker

The questions of fact involved in this suit have been conclusively settled adversely to appellant by the judgments of the circuit and Appellate Courts.

Judging from the arguments of counsel and the evidence appearing in the record, at least two principal defenses to the action were interposed in the trial court: First, want of power in the county to borrow money and issue a warrant for the amount so borrowed; and second, payment by the county. It does not appear, however, upon which of these two theories of defense the finding of the court against the plaintiff was based.

Appellant claims in…

2Cases cited3 opinions

  1. Goldie v. WernerIllinois Supreme Court · 1894
  2. Ohio & Mississippi Railway Co. v. WangelinIllinois Supreme Court · 1894
  3. Rice v. HeapIllinois Supreme Court · 1894

3Cited by18 opinions

  1. Chicago & Alton Railroad v. American Strawboard Co.Illinois Supreme Court · 1901
  2. Abend v. Endowment Fund Com. of McKendree CollegeIllinois Supreme Court · 1898
  3. Colesar v. Star Coal Co.Illinois Supreme Court · 1912
  4. Town of Worland v. Odell & JohnsonWyoming Supreme Court · 1958
  5. Dalbey v. HayesIllinois Supreme Court · 1915

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