Legal Opinion

Greenwood v. Town of LaSalle

Illinois Supreme Court

Decided March 30, 1891PublishedCited by 25 opinions

Appeal from the Circuit Court of LaSalle county; the Horn Charles Blanchard, Judge, presiding. This suit was begun in the circuit court of LaSalle county on October 1, 1885,, against Thomas Ward. March 1, 1888, Daphne A. Ward was made a party defendant. January 13,. 1890, her death was suggested, and appellant, her administrator, made a party. At the same time the suit was dismissed by plaintiff as to Thomas Ward, and an amended declaration filed.

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Appeal from the Circuit Court of LaSalle county; the Horn Charles Blanchard, Judge, presiding. This suit was begun in the circuit court of LaSalle county on October 1, 1885,, against Thomas Ward. March 1, 1888, Daphne A. Ward was made a party defendant. January 13,. 1890, her death was suggested, and appellant, her administrator, made a party. At the same time the suit was dismissed by plaintiff as to Thomas Ward, and an amended declaration filed. The action is in debt, brought under section; 230 of the ¡Revenue act, to recover the sum of $42.76, as the-town tax due appellee for the year…

1Opinion of the CourtJustice Wilkin

It is first contended by counsel for defendant, that the court" below erred in holding the plea of the Statute of Limitations' bad. An attempt is made by opposing counsel to sustain that ruling, on the ground that this is an action on a judgment,- and therefore, if the statute could be pleaded at all, the limit-.' ation would be twenty years, instead of five. This position isi not tenable. No judgment is declared on. The suit is for-taxes due on forfeited property. Plaintiff below was only required to show a forfeiture in fact of' delinquent land, at a regular tax sale, for taxes legally due.…

2Cases cited6 opinions

  1. City of Alton v. Illinois Transportation Co.Illinois Supreme Court · 1850
  2. Board of Supervisors v. City of LincolnIllinois Supreme Court · 1876
  3. Law v. People ex rel. MillerIllinois Supreme Court · 1875
  4. Douthett v. KettleIllinois Supreme Court · 1882
  5. Biggins v. PeopleIllinois Supreme Court · 1880

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3Cited by25 opinions

  1. City of Shelbyville v. Shelbyville Restorium, Inc.Illinois Supreme Court · 1983
  2. Brink v. DannSouth Dakota Supreme Court · 1913
  3. Gustaveson v. DwyerWashington Supreme Court · 1915
  4. City of Port Townsend v. EisenbeisWashington Supreme Court · 1902
  5. People ex rel. Town of New Trier v. HaleAppellate Court of Illinois · 1943

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