Capitol Township v. Pleasure Parkway & Drive District

Mr. Pbesiding Justice O’Connob

delivered the opinion of the court.

Plaintiff appellant, Capitol Township, filed a complaint at law in the circuit court of Sangamon county against defendant appellee, Pleasure Parkway and Drive District in the County of Sangamon, seeking to recover one-third the cost of an election held on April 12, 1949. Defendant’s motion to dismiss the complaint was allowed, a judgment in bar and for costs in favor of defendant was granted and this appeal resulted.

The complaint alleged, in substance, that the plaintiff and the City of Springfield are co-extensive and identical…