Cooper v. Town of Delavan
Illinois Supreme Court
Appeal from the Circuit Cdurt of Tazewell county; the Hon. Charles Turner, Judge, presiding. This was an action of assumpsit, brought by Jonathan K. Cooper and William L. Moss, partners, doing business under the firm name of Cooper & Moss, against the town of Delavan, in Tazewell county, to recover for legal services and for money by them paid out for the use of the defendant, in defending a suit in the circuit court of Tazewrell county, and in the Supreme Court of this…
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Appeal from the Circuit Cdurt of Tazewell county; the Hon. Charles Turner, Judge, presiding. This was an action of assumpsit, brought by Jonathan K. Cooper and William L. Moss, partners, doing business under the firm name of Cooper & Moss, against the town of Delavan, in Tazewell county, to recover for legal services and for money by them paid out for the use of the defendant, in defending a suit in the circuit court of Tazewrell county, and in the Supreme Court of this State, being the suit of Phillips et al. v. Drake and said town of Delavan, for an injunction to stay the collection of…
1Opinion of the CourtJustice Walker
The question presented by this record is, whether the township supervisor has legal authority to employ counsel to defend the township when sued. The 4th section of article 12, Gross’ Com. p. 755, declares that, “in all legal proceedings against the town, by name, the first process, and all other proceedings required to be served, shall be served on the supervisor of the town. And whenever any suit or proceeding shall be commenced, it shall be the duty of the supervisor to attend to the defense thereof, and lay before the electors of the town, at the first town meeting, a full statement of…
2Cited by4 opinions
- Town of Bruce v. DickeyIllinois Supreme Court · 1886
- Town of Kankakee v. Kankakee & Indiana RailroadIllinois Supreme Court · 1885
- Town of Kankakee v. Kankakee & Indiana R. R.Appellate Court of Illinois · 1885
- Wells v. WhittakerAppellate Court of Illinois · 1879