Legal Opinion

Cowles v. Mercer County

Supreme Court of the United States

Decided February 18, 1869PublishedCited by 112 opinions

Error to the Circuit Court for the Northern District of Illinois, the case being thus: A statute of Illinois enacts by one section that, “ Each county established in the State shall be a body politic and corporate, by the name and style of ‘ The Comity of -- and by that name may sue and be' sued, pie,ad and be impleaded, defend and be defended agajnst, in any court of record, either in law or equity, or other place where justice , shall be administeredand by another, that “…

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Error to the Circuit Court for the Northern District of Illinois, the case being thus: A statute of Illinois enacts by one section that, “ Each county established in the State shall be a body politic and corporate, by the name and style of ‘ The Comity of -- and by that name may sue and be' sued, pie,ad and be impleaded, defend and be defended agajnst, in any court of record, either in law or equity, or other place where justice , shall be administeredand by another, that “ All actions, local or transitory, against any county, may be commenced and prosecuted to final judgment and execution in…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

The record presents but one question which has not been heretofore fully considered and repeatedly adjudicated. That question is, whether the'board of supervisors of Mercer-County can be sued in the Circuit Court, of the United' States.by citizens of other States than Illinois. It presents but little difficulty.

The board of supervisors is a corporation created'by acts of the legislature of Illinois.

It has never, been doubted 'that a corporation, all the members of which reside in the State creating it, is liable to suit upon its contracts by…

2Cited by112 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Owen v. City of IndependenceSupreme Court of the United States · 1980
  3. Moor v. County of AlamedaSupreme Court of the United States · 1973
  4. Smyth v. AmesSupreme Court of the United States · 1898
  5. Illinois v. City of MilwaukeeSupreme Court of the United States · 1972

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