People ex rel. Chicago, Pekin & Southwestern R. R. v. Town of Clayton
Illinois Supreme Court
This was an application in this court by the Chicago, Pekin and Southwestern Railroad Company, for a mandamus against the town of Clayton, in Woodford county, to compél the supervisor and town clerk thereof to issue to the relator $20,-000 of the bonds of said town.
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This was an application in this court by the Chicago, Pekin and Southwestern Railroad Company, for a mandamus against the town of Clayton, in Woodford county, to compél the supervisor and town clerk thereof to issue to the relator $20,-000 of the bonds of said town. The respondents filed pleas presenting issues of fact as to the completing of the relator’s road according to the condition upon which the subscription was voted, and the issues were certified to the Peoria circuit court to be submitted to a jury. The jury found for the respondents.
1Opinion of the CourtChief Justice Scholfield
The undertaking of the town, sought to be enforced in this proceeding, is subject to the following condition expressed in the petition praying for the election, and the published notices thereof:
“ It is expressly agreed and understood that said subscription of stock is to be paid over to the said Chicago and Plain-field Railroad Company upon the completion of their projected railroad through Clayton township, and at the time said company shall run over said track or road their first locomotive or railroad engine—said subscription not to be paid before such stated time. The said company must…
2Cited by3 opinions
- Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
- Indianapolis, Delphi & Chicago Railroad v. HolmesIndiana Supreme Court · 1885
- Garner v. Hall & FarleySupreme Court of Alabama · 1898