Legal Opinion

Strodtman v. County of Menard

Appellate Court of Illinois

Decided December 14, 1894PublishedCited by 5 opinions

Memorandum.—Assumpsit. In the Circuit Court of Menard County; the Hon. Cyrus Epler, Judge, presiding. Declaration; special counts on county warrants and common counts; trial by the court without a jury; finding and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894,

1Opinion of the CourtJustice Boggs

deliveeed the opinion op the Couet.

We think the court properly refused to award judgment against the county.

The warrant upon its face was payable on demand, but if considered in connection with the order of the board under which it was issued it may well be regarded as having been drawn against taxes already levied and in the course of collection, and as falling due on the 1st day of May after its date. There was no money in the treasury when it was issued.

If payable upon demand it was drawn in flagrant violation of Sec. 1, Chap. 146 A, of the statutes, and for that reason could not be made…

2Cases cited7 opinions

  1. Law v. People ex rel. HuckIllinois Supreme Court · 1877
  2. School Directors of District No. 3 v. FoglemanIllinois Supreme Court · 1875
  3. Cook County v. McCreaIllinois Supreme Court · 1879
  4. County of Hardin v. McFarlanIllinois Supreme Court · 1876
  5. Hewitt v. Board of EducationIllinois Supreme Court · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. County of Coles v. GoehringIllinois Supreme Court · 1904
  2. Town of Worland v. Odell & JohnsonWyoming Supreme Court · 1958
  3. Randolph v. Town of BernadotteAppellate Court of Illinois · 1927
  4. Weeks v. HoffmanAppellate Court of Illinois · 1971
  5. Gray v. Board of School InspectorsAppellate Court of Illinois · 1907

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