Legal Opinion

People ex rel. Caton v. Needles

Illinois Supreme Court

Decided November 17, 1880PublishedCited by 4 opinions

This is a petition by John D. Catón, Thomas Drummond, Lyman Trumbull, Robert T. Lincoln, Potter Palmer, Ralph Plumb, B. F. Fridley, Gustavus Kcerner, and Melville W. Fuller, against Thomas B. Needles, Auditor of Public Accounts, for a writ of mandamus to compel him to draw his warrant for $1200 on the State Treasury, out of money not otherwise appropriated, as directed by the certificate of a majority of the relators, and also for his warrants, from time to time thereafter,…

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This is a petition by John D. Catón, Thomas Drummond, Lyman Trumbull, Robert T. Lincoln, Potter Palmer, Ralph Plumb, B. F. Fridley, Gustavus Kcerner, and Melville W. Fuller, against Thomas B. Needles, Auditor of Public Accounts, for a writ of mandamus to compel him to draw his warrant for $1200 on the State Treasury, out of money not otherwise appropriated, as directed by the certificate of a majority of the relators, and also for his warrants, from time to time thereafter, upon like certificates,to the extent of the balance remaining undrawn of the total sum of $59,000.

1Opinion of the CourtChief Justice Dickey

In May, 1877, an act passed, appointing J. D. Catón and others, “ Commissioners of the Douglas Monument at Chicago,” and authorizing them to complete the monument, but limiting their power “to obligate theState” to the amount named in section 3 of the act.

Section 3 of the act appropriated $50,000 out of the State Treasury, for defraying the cost of the completion of the work, and authorized the Auditor to draw his warrant therefor, upon the certificate of a majority of the commissioners, “ from time to time during the progress of the work.”

The commissioners proceeded with the work, but found…

2Cited by4 opinions

  1. People ex rel. Downs v. BrownIllinois Supreme Court · 1917
  2. State ex rel. M. C. Bullock Manufacturing Co. v. BabcockNebraska Supreme Court · 1887
  3. State ex rel. Stephens v. State Corp. CommissionNew Mexico Supreme Court · 1918
  4. State ex rel. Davis v. CornellNebraska Supreme Court · 1900

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