Legal Opinion

Butts v. County of Peoria

Illinois Supreme Court

Decided February 21, 1907PublishedCited by 5 opinions

Appear from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding.

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Appear from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. This was a bill in chancery filed in the circuit court of Peoria county by the appellee, against the appellants, to enjoin the appellant Lucas Butts, as county clerk of Peoria county, from issuing a tax deed to certain real estate situated in said county to appellant Michael Harrigan under a certain tax sale certificate issued by the county clerk of said county and an affidavit filed by Harrigan with said county clerk,…

1Opinion of the CourtJustice Hand

It is first contended that the court erred in declining to dismiss the case on the ground that the solicitors who filed the bill were without authority to represent the appellee in filing said bill. The motion was based upon the affidavit of Harrigan, which states that ITarrigan had searched the records of the board of supervisors of Peoria county from the first Monday of December, 1900, to and including July 22, 190.1, the date when the bill was filed, and was unable to find any record authorizing the State’s attorney of said county, and the other solicitors who signed the bill, to institute…

2Cases cited1 opinion

  1. Marple v. ScottIllinois Supreme Court · 1866

3Cited by5 opinions

  1. Ancateau ex rel. Trust Co. of Chicago v. Commercial Casualty InsuranceAppellate Court of Illinois · 1943
  2. Harrican v. County of PeoriaIllinois Supreme Court · 1914
  3. People Ex Rel. Courtney v. AshtonIllinois Supreme Court · 1934
  4. County of Cass v. ShattuckMichigan Supreme Court · 1939
  5. Keithley v. County of ClarkAppellate Court of Illinois · 1917

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