Legal Opinion

Ottawa Gas Light & Coke Co. v. People

Illinois Supreme Court

Decided June 15, 1891PublishedCited by 22 opinions

Appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This was an action in the circuit court of LaSalle county, in the name of the People of the State of Illinois, seeking to recover from the Ottawa Gas Light and Coke Company, a corporation, the sum of $3043.89 taxes due and unpaid on the capital stock and personal property of the corporation, for the years 1881 to 1887, inclusive.

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Appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This was an action in the circuit court of LaSalle county, in the name of the People of the State of Illinois, seeking to recover from the Ottawa Gas Light and Coke Company, a corporation, the sum of $3043.89 taxes due and unpaid on the capital stock and personal property of the corporation, for the years 1881 to 1887, inclusive. The declaration was signed “M. T. Moloney, County Attorney,” and a motion was interposed to dismiss the suit because it had been instituted without authority of law, and by…

1Opinion of the CourtJustice Shope

It was not error to overrule the motion to dismiss the suit. The attorney who instituted the suit, it was shown, was in that regard acting by the direction and under the authority of the county board, and the authority of the county board to institute and prosecute suits for delinquent taxes, whether due upon delinquent lands or personal property, is amply given in section 230 of the general Revenue law.

It is contended, however, that while the authority of the county hoard to cause the institution of suit for unpaid taxes is ample, it is not at liberty to select counsel, but must act by and…

2Cases cited3 opinions

  1. Cooper v. CorbinIllinois Supreme Court · 1882
  2. Sterling Gas Co. v. HigbyIllinois Supreme Court · 1890
  3. People v. WinkelmanIllinois Supreme Court · 1880

3Cited by22 opinions

  1. Ashton v. County of CookIllinois Supreme Court · 1943
  2. Carney v. PeopleIllinois Supreme Court · 1904
  3. The PEOPLE v. HolmstromIllinois Supreme Court · 1956
  4. Lambe v. McCormickSupreme Court of Iowa · 1902
  5. People Ex Rel. Carr v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1926

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