Johnson v. County of Stark
Illinois Supreme Court
This was an action of debt commenced by plaintiff against defendant, in Stark county, and moved, by change of venue, to Peoria county. The declaration contained two counts : 1st, a special count, declaring on fifty bonds and coupons issued by defendant, to the Western Air Line Railroad Company; and, 2nd, the common money counts. Plea of nil debet to 2nd count. Pleas to 1st count, and to the bond described in the 1st count, as follows: 1st plea. Nil debet. 2nd plea.
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This was an action of debt commenced by plaintiff against defendant, in Stark county, and moved, by change of venue, to Peoria county. The declaration contained two counts : 1st, a special count, declaring on fifty bonds and coupons issued by defendant, to the Western Air Line Railroad Company; and, 2nd, the common money counts. Plea of nil debet to 2nd count. Pleas to 1st count, and to the bond described in the 1st count, as follows: 1st plea. Nil debet. 2nd plea. Non est factum. 3rd plea. That the bonds were obtained by the payees by fraud and covin, and were assigned to plaintiff with…
1Opinion of the CourtWalker, J.
It is urged, in affirmance of the judgment below, that the General Assembly had no constitutional warrant for the enactment of 1849, authorizing counties and cities to become shareholders in railroad companies. If this position be true, it then follows that plaintiff has no right to recover on this coupon, and the judgment of the court below must be affirmed. We shall therefore proceed to the consideration of this question. Our attention is called first to the 38th section of article three, of our constitution, as prohibiting the exercise of this legislative power. In the case of Prettyman v.…
2Cases cited2 opinions
- Talbot v. DentCourt of Appeals of Kentucky · 1849
- Farington v. BaleyNew York Supreme Court · 1839
3Cited by37 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- City & County of Denver v. HallettSupreme Court of Colorado · 1905
- Mack v. JastroCalifornia Supreme Court · 1899
- City of Pekin v. ReynoldsIllinois Supreme Court · 1863
- Enfield v. JordanSupreme Court of the United States · 1887
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