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Richards v. Donagho

Frederick Richards v. Mahlon C. Donagho, Supervisor, etc.

Richards v. Donagho, 66 Ill. 73 (1872)
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Subsequent history: aff'd sub nom. Cnty. of Randolph v. Post, 93 U.S. 502 (1877). (read from the later opinion; check before relying)

Court
Illinois Supreme Court · State Highest Courts
Decided
September 15, 1872
Judges
Thornton
Citations
66 Ill. 73
Syllabus
Constitution of 1870—when sepa/rate a/rticles of, took effect—municipal subscriptions. The separate articles of the constitution of 1870, which were submitted to a vote separately from the main instrument, and adopted, became a part of the organic law from and after the second day of July, 1870. Therefore, no corporate subscription could be made in aid of a railway corporation in pursuance of a vote had after that date, although an election had been called prior to such date, for such purpose’
Summary
Appeal from the County Court of LaSalle county; the Hon. Charles H. Gilman, Judge, presiding. This was a bill in chancery, filed September 21,1871, by the appellants, tax-payers and residents of the township of Bruce, in LaSalle county, to restrain the appellee from making a subscription of §15,000 to the capital stock of the Fairbury, Pontiac and Northwestern Bail road Company, and from executing and delivering to the company the bonds of the township. It appeared that an election was called July 12, 1870, and held August 2, 1870, which resulted in favor of the proposed subscription.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Thornton

Text extracted by OCR from a scanned original; check the original for exact wording.

Mr. Justice Thornton delivered the opinion of the Court:

The only question presented by this record was, after mature deliberation, settled by the opinion in Schall et al. v. Bowman, 62 Ill. 321 .

Notwithstanding the able and plausible argument made in this ease, the majority of the court adhere to the, opinion in the case referred to above.

The decree is therefore reversed and the cause remanded.

Decree reversed..

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1877–1878: 11883–1884: 118772026peak 1877 · 1

Relies on it most ⓘ

  1. County of Randolph v. Post93 U.S. 502 (1877)
  2. Wade v. Town of La Moille1 N.E. 336 (Ill. 1884)

Most recent

  1. Wade v. Town of La Moille1 N.E. 336 (Ill. 1884)
  2. County of Randolph v. Post93 U.S. 502 (1877)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Schall v. Bowman, 62 Ill. 321 (1872) 11

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