City of Shawneetown v. Baker
Illinois Supreme Court
Appeal from the Circuit Court of Gallatin county; the Hon. Tazewell B. Tanner, Judge, presiding. This was an action of assumpsit, by the appellee, against the appellant, upon an award made under seal. The plaintiff recovered judgment, and the defendant appealed.
1Opinion of the Court
Hr. Justice Scott
delivered the opinion of the Court:
The point insisted upon, the action should have been debt, because the award declared on is under seal, is not maintainable. Under our Practice act, any instrument in writing, under seal, may be declared upon in any form of action the same as such instrument might have been sued or declared on if it had not been under seal.
As a general proposition, municipal corporations have the same powers to liquidate claims and indebtedness that natural persons have, and from that source proceeds power to adjust all disputed claims, and, when the amount…
2Cited by8 opinions
- People ex rel. Stead v. Spring Lake Drainage & Levee DistrictIllinois Supreme Court · 1912
- Simpson v. City of HighwoodIllinois Supreme Court · 1939
- Collinsville Community Unit School District No. 10 v. WitteAppellate Court of Illinois · 1972
- City of Chicago v. Norton Milling Co.Appellate Court of Illinois · 1901
- Corby v. City of DetroitMichigan Supreme Court · 1916
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