Coquard v. Village of Oquawka
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Henderson county; the Hon. John J. Glenn, Judge, presiding. The plaintiff in error brought assumpsit against the defendant in error in the circuit court of Henderson county to recover on five bonds, of $1000 each, issued by the city of Oquawka in 1871, together with unpaid interest.
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Writ of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Henderson county; the Hon. John J. Glenn, Judge, presiding. The plaintiff in error brought assumpsit against the defendant in error in the circuit court of Henderson county to recover on five bonds, of $1000 each, issued by the city of Oquawka in 1871, together with unpaid interest. The declaration consisted of one special count and the common money counts. A demurrer was sustained to the special count. Pleas of the general issue and the Statute of Limitations were filed…
1Opinion of the CourtJustice Carter
The question is presented by this record whether the defendant, as a municipal corporation, had any power to make and issue the bonds sued on. The question is not one of mere irregularity, but of power, and consequently it is immaterial to the decision of the case what was the consideration of the bonds or what the status of the holder, for it must be conceded that municipal corporations, organized, as they are, for restricted governmental purposes, have no power to issue commercial paper unless such power has been conferred by statute, and without such power such paper is void, even in the…
2Cases cited11 opinions
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Merrill v. MonticelloSupreme Court of the United States · 1891
- Ottawa v. CareySupreme Court of the United States · 1883
- Smith v. Board of SupervisorsIllinois Supreme Court · 1871
- Commissioners of Highways v. NewellIllinois Supreme Court · 1875
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3Cited by12 opinions
- San Antonio Union Junior College District v. DanielTexas Supreme Court · 1947
- Weil v. Mayor of NewbernTennessee Supreme Court · 1912
- Swanson v. City of OttumwaSupreme Court of Iowa · 1906
- Newberry Library v. Board of EducationIllinois Supreme Court · 1945
- Stripe v. City of WaukeganAppellate Court of Illinois · 1929
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