Chicago & Iowa Railroad v. Mallory
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding. Bill was filed in the circuit court of Ogle county, by Isaac M„ Mallory, Daniel Shockley, and Samuel L. Bailey, tax-payers of the town of Flagg, 'in Ogle county, against the Chicago and Iowa Railroad Company, and certain officers of said town of Flagg, to enjoin the issuing to the Chicago and Iowa Railroad Company of $50,000 of the bonds of the town, payable ten years after date, and bearing interest at the rate of ten…
1Opinion of the CourtJustice Scholfield
Agreeing, as we do, with the view entertained of this case by the lower courts, it will be necessary to notice but a single question.
The burden is upon the railroad company asking the enforcement of the issuing of the bonds, to show, affirmatively, that the bonds are authorized to be issued by a vote of the people, had pursuant to a law providing therefor, prior to the adoption of the present constitution, (Wright v. Bishop, 88 Ill. 303, Middleport v. Ætna Life Ins. Co. 82 id. 568, People v. Jackson County, 92 id. 453,) and the law under which the election is held must be substantially…
2Cases cited1 opinion
- Lippincott v. Town of PanaIllinois Supreme Court · 1879
3Cited by7 opinions
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Regan v. School District No. 25Washington Supreme Court · 1906
- McKee v. Home Savings & Trust Co.Supreme Court of Iowa · 1904
- Behrens v. BechtelWashington Supreme Court · 1924
- Harmon v. Auditor of Public AccountsAppellate Court of Illinois · 1886
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