Legal Opinion

Fuller v. Heath

Illinois Supreme Court

Decided June 15, 1878PublishedCited by 29 opinions

Appeal from the Appellate Court of the First District ; the Hou. Theodore D. Murphy, presiding Justice, and Geo. W. Pleasants and J. M. Bailey, Justices.

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Appeal from the Appellate Court of the First District ; the Hou. Theodore D. Murphy, presiding Justice, and Geo. W. Pleasants and J. M. Bailey, Justices. This is a suit in chancery, begun in the circuit court of Cook county at the April term, 1878, by Fuller, a tax-payer of the city of Chicago, against Heath, the mayor, Farwell, the comptroller, and the city, as a corporation, asking an injunction forbidding the further issue of city treasury warrants (described in the bill) in the form mentioned, or any instrument purporting to add to the debt of the city, so long as the indebtedness of the…

1Opinion of the CourtJustice Dickey

It is insisted by counsel for appellant, that the appropriation ordinance, on which the tax levy is founded, is void because it was not passed at the time required by law.

By the charter (Gen. Laws of 1872, Rev. Stat. 1874, p. 211,) the general election for city officers occurs annually on the 3d Tuesday of April (sec. 48). Only half of the aldermen of the city are chosen each year—the term of such officers being two years. Hence the city council, immediately before the annual election, in its membership, is different from the city council immediately after the election. The charter also…

2Cases cited2 opinions

  1. Law v. People ex rel. HuckIllinois Supreme Court · 1877
  2. City of Springfield v. EdwardsIllinois Supreme Court · 1877

3Cited by29 opinions

  1. People ex rel. Taylor v. Camargo Community Consolidated School District No. 158Illinois Supreme Court · 1924
  2. Berman v. Board of EducationIllinois Supreme Court · 1935
  3. Little v. City of PortlandOregon Supreme Court · 1894
  4. Kansas City v. WardSupreme Court of Missouri · 1896
  5. People ex rel. Seeley v. MaySupreme Court of Colorado · 1886

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