Town of Pleasant v. Kost
Illinois Supreme Court
This was an action brought by the town of Pleasant, on complaint of James Lovell, overseer of highways, etc., for a failure on the part of defendant in error to work out or commute two days’ road tax assessed against him, with the other inhabitants of said town of Pleasant, in Fulton county, liable to such tax, by the commissioners of highways of said town, after notice, etc, The case, on appeal from justice’s court, was tried at the February term, 1862, of the Fulton…
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This was an action brought by the town of Pleasant, on complaint of James Lovell, overseer of highways, etc., for a failure on the part of defendant in error to work out or commute two days’ road tax assessed against him, with the other inhabitants of said town of Pleasant, in Fulton county, liable to such tax, by the commissioners of highways of said town, after notice, etc, The case, on appeal from justice’s court, was tried at the February term, 1862, of the Fulton Circuit Court, before the judge, a jury being waived by the parties. The plaintiff proved that the defendant was a resident of…
1Opinion of the CourtWalker, J.
It is urged, that by the 16th section of the chapter regulating incorporated towns, Rev. Stat. 1845, page 114, the defendant in error is exempt from road labor beyond the corporate limits of the village. On the contrary, it is contended that the provisions of that section are repugnant to the constitution. The fifth section of the ninth article of that instrument provides, that taxes levied for corporate purposes shall be uniform as to persons and property, within the limits of such body. If the imposition of labor for road purposes, on individuals irrespective of property, be a tax, then…
2Cases cited2 opinions
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