Buchanan v. Litchfield
Supreme Court of the United States
Erbób to tbe Circuit Court, of tbe tJuited States for tbe Southern District of Illinois. This was an action of assumpsit, brought Nov. 25, 1876, by Alexander Buchanan against, the City of Litchfield, Illinois, to recover the amount of certain coupons of which it was admitted ' that he was the bond fide holder for value. The .declaration, besides a count upon the coupons themselves, contains the usual counts for money lent and advanced, ■ and for money had and received.
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Erbób to tbe Circuit Court, of tbe tJuited States for tbe Southern District of Illinois. This was an action of assumpsit, brought Nov. 25, 1876, by Alexander Buchanan against, the City of Litchfield, Illinois, to recover the amount of certain coupons of which it was admitted ' that he was the bond fide holder for value. The .declaration, besides a count upon the coupons themselves, contains the usual counts for money lent and advanced, ■ and for money had and received. The city defended the action upon. the ground that the bonds were issued in violation of the Constitution of the State, and…
1Opinion of the Court
Mb. .Justice Hablan,
after stating the case, delivered the opinion of the court.
The first and most important of the. certified questions involves the construction of the twelfth section of the ninth article of the Constitution of Illinois..
The words employed • are too explicit to leave any doubt as to the object of the constitutional restriction upon municipal indebtedness. ■ The purpose of its framers, beyond all question, was to withhold from the Legislative "Department the power to confer upon municipal corporations" authority to incur indebtedness in excess of a prescribed amount. The…
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