Legal Opinion

Board of Supervisors v. Young

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 3 opinions

"Weit of Error to the Court of Common Pleas of the City of Aurora; the Hon. BENJAMIN E. Parrs, Judge, presiding. This was an action of assumpsit instituted in the court below by Delos W. Young and Abner Hard, against the Board of Supervisors of Kane county, in which the city of Aurora is situated. The summons was executed on the 29th day of November, 1859, by reading and delivering a copy to John Green, clerk of the board of supervisors.

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"Weit of Error to the Court of Common Pleas of the City of Aurora; the Hon. BENJAMIN E. Parrs, Judge, presiding. This was an action of assumpsit instituted in the court below by Delos W. Young and Abner Hard, against the Board of Supervisors of Kane county, in which the city of Aurora is situated. The summons was executed on the 29th day of November, 1859, by reading and delivering a copy to John Green, clerk of the board of supervisors. On the 12th of December, 1859, it being in term time, a rule was taken on the defendants to plead by the 1st of January, following. At the March term, 1860,…

1Opinion of the Court

Mr. JustiCE "WalKer

delivered the opinion of the Court.

The question which this record presents, is, whether, under the legislation of this State, the Common Pleas Court of the city of Aurora, has jurisdiction to try a cause, in which Kane County is the defendant. By the 18th section of the chapter entitled “ Counties and County Courts,” (Rev. Stat. 192), it is enacted, that “ All actions, local and transitory, against any county may be commenced and prosecuted to final judgment and execution, in the Circuit Court of the county against which the action is brought.” In the case of Randolph…

2Cases cited1 opinion

  1. Randolph County v. RallsIllinois Supreme Court · 1856

3Cited by3 opinions

  1. Winston v. MitchellAppellate Court of Illinois · 1977
  2. Wetzel v. County of HancockAppellate Court of Illinois · 1907
  3. Gross v. Sioux CountyU.S. Circuit Court for the District of Northern Iowa · 1873

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