Town of Kankakee v. McGrew
Illinois Supreme Court
Appeal from the County Court of Kankakee county; the Hon. Eben E. Gower, judg'e, presiding. This was assumpsit by the appellee, against the appellant town. The declaration contained the common money counts, a common count for goods, wares and merchandise, a like count for work and labor done and material provided, and a common count in account had and stated.
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Appeal from the County Court of Kankakee county; the Hon. Eben E. Gower, judg'e, presiding. This was assumpsit by the appellee, against the appellant town. The declaration contained the common money counts, a common count for goods, wares and merchandise, a like count for work and labor done and material provided, and a common count in account had and stated. In addition to a breach in the ordinary form the declaration alleged demand had been made on the treasurer of the said town for payment of the alleged items of indebtedness. The general issue, a special plea and a plea of the Statute of…
1Opinion of the CourtJustice Boggs
The complaint the court erred in holding the special plea did not present a legal defense to the action involves the construction of certain provisions of the constitution and of certain statutes in relation to the power of the appellant town to incur indebtedness.
It is urged that under the provisions of section 12 of article 9 of the constitution of 1870 the town could not lawfully become bound for the payment of any indebtedness unless it should, before incurring such indebtedness, or at the time of doing so, have provided for the collection of a direct annual tax for the payment of such…
2Cited by25 opinions
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- People Ex Rel. Adamowski v. Public Building CommissionIllinois Supreme Court · 1957
- Marks v. City of MandanNorth Dakota Supreme Court · 1941
- City of Danville v. Danville Water Co.Illinois Supreme Court · 1899
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