Chicago & Eastern Illinois Railway Co. v. Emmerson

Appellee filed its bill in the circuit court of Sangamon county to enjoin appellant, as Secretary of State and individually, from paying into the State treasury of Illinois $23,068.10 assessed and collected as the initial fee on the amount of an increase of the capital stock of appellee, and for an accounting, and to compel a refund of such fee to appellee.

The bill alleges that prior to December 9, 1921, appellee was a railroad corporation organized and existing under . the laws of the State of Illinois, with a capital stock of $50,000, and on the last named date the stockholders adopted a…