County of Franklin v. Layman

This cause was before this court at the August term, 1889, and is reported as the County of Franklin v. Thomas J. Layman, 34 Ill. App. 606. The facts appearing in the record, at this time, and the facts as then before the court are substantially the same. The cause when before us as reported in 34 Ill. App., was reversed for error in the giving of an instruction; we then said, “It is insisted under these assignments, that the contract of ¡November 7, 1883, above mentioned, even if proven to have been made, was ultra vires, and not binding upon the county, because, in the pro=ceedings to test…