Legal Opinion

Board of Supervisors of Fulton County v. Mississippi & Wabash Railroad

Illinois Supreme Court

Decided January 15, 1859PublishedCited by 29 opinions

This cause was commenced by bill in chancery, filed in the Fulton Circuit Court, October 9, 1857, by the Board of Supervisors of Fulton county, against the Mississippi and Wabash Railroad Company, and John W. Ingersoll, William N. Cline, A. L. Hasleton, Thompson Maple, and John H. Piersol, requiring several and respective answers from them under oath, and praying an injunction, restraining the issuance of $60,000, of the bonds of said county, to the central division of said…

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This cause was commenced by bill in chancery, filed in the Fulton Circuit Court, October 9, 1857, by the Board of Supervisors of Fulton county, against the Mississippi and Wabash Railroad Company, and John W. Ingersoll, William N. Cline, A. L. Hasleton, Thompson Maple, and John H. Piersol, requiring several and respective answers from them under oath, and praying an injunction, restraining the issuance of $60,000, of the bonds of said county, to the central division of said railroad company, and, also, to enjoin'the disposal of $12,000, out of $15,000, of such bonds, then already issued to…

1Opinion of the CourtBreese, J.

Very many important questions are presented by this record, and ably argued by counsel; but we do not deem it necessary to notice all of them, inasmuch as we are satisfied one of them alone is quite sufficient to determine the case in favor of the appellants. There are, however, some questions of practice determined against the appellants, which ought to be noticed for the government of future cases in chancery, and which, we think, were erroneously determined, and might, of themselves, be sufficient to reverse the decree.

It appears, by the record, that the answer of the individual defendants…

2Cases cited1 opinion

  1. Brumly v. Westchester County Manufacturing SocietyNew York Court of Chancery · 1815

3Cited by29 opinions

  1. Smith v. McDowellIllinois Supreme Court · 1893
  2. Stern v. City of FargoNorth Dakota Supreme Court · 1909
  3. Garrigus v. Board of CommissionersIndiana Supreme Court · 1872
  4. Rea v. City of LaFayetteSupreme Court of Georgia · 1908
  5. Board of Ed. of Oklahoma City v. WoodworthSupreme Court of Oklahoma · 1923

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