Legal Opinion

City of Charleston v. Commissioners of Highways

Appellate Court of Illinois

Decided October 28, 1893PublishedCited by 2 opinions

Memorandum.—Assumpsit. Error to the Circuit Court of Coles County; the Hon. Edward P. Vail, Judge, presiding.

1Opinion of the CourtJustice Wall

The appellant brought assumpsit against the appellee to recover one-half of the road and bridge tax collected within the city limits.

The declaration averred that the territory of the city is wholly within the town, and that the commissioners of highways have annually levied a tax upon all property in the town, including the city, and the tax so levied has been extended, collected and paid over to the treasurer of the commissioners of highways.

The Circuit Court sustained a demurrer to the declaration, and plaintiff not desiring to amend, judgment was rendered for defendant.

By Secs. 13 and 14…

2Cases cited1 opinion

  1. Town of Rushville v. President & Trustees of RushvilleAppellate Court of Illinois · 1891

3Cited by2 opinions

  1. City of Norfolk v. Norfolk CountySupreme Court of Virginia · 1917
  2. City of Olney v. GaddisAppellate Court of Illinois · 1900

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