City of Cairo v. Campbell

Decision Date16 August 1886
PartiesCITY OF CAIRO v. CAMPBELL and others, Ex'rs.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

On rehearing. See 5 N. E. Rep. 114.

PER CURIAM.

After careful consideration of the petition for rehearing herein, we have been unable to perceive any sufficient ground for ordering a reargument of the case. Only one of the points urged in the petition requires, in the view we take of the case, any answer. The others were sufficiently considered when the opinion was adopted, and, as to those, it contains the answer thought to be correct.

The point not heretofore made is urged, that by the amendment of the third of May, 1873, to the revenue law, (chapter 120, § 122, Hurd's St. 1885, p. 1011,) all cities ‘shall annually, on or before the second Tuesday in August, certify to the county clerk the several amounts which they require to be raised by taxation,’ etc. But the act approved May 28, 1879, enacted six years after the amendatory act referred to, entitled ‘An act to amend section 1 of article 8 of ‘An act to provide for the incorporation of cities and villages,’ approved April 10, 1879,' provides that ‘the city council or board of trustees, as the case may be, shall annually, on or before the third (3d) Tuesday in September in each year, ascertain the total amount of appropriations, for all corporate purposes, legally made and to be collected from the tax levy of that fiscal year, and, by an ordinance specifying in detail the purposes for which said appropriations are made, and the sum or amount appropriated for each purpose, respectively, levy the amount so ascertained upon all the property subject to taxation within the city or village, as the same is assessed or equalized for state and county purposes for the current year. A certified copy of such ordinance shall be filed with the county clerk of the proper county, whose duty it shall be to ascertain the rate per cent. which, upon the total valuation of all the property subject to taxation within the city or village as the same is assessed and equalized for state and county purposes, will produce a net amount not less than the amount so directed to be levied; and it shall be the duty of the county clerk to extend such tax in a separate column upon the book or books of the collector or collectors of state and county taxes within such city or village.’ Laws 1879, p. 66, § 1. This is the section referred to in the opinion; and, being the last expression of the will of the...

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24 cases
  • Butcher v. Rice
    • United States
    • Pennsylvania Supreme Court
    • June 30, 1959
    ...30 L.Ed. 798; Von Hoffman v. City of Quincy, 4 Wall. 535, 71 U.S. 535, 18 L.Ed. 403; City of Cairo v. Campbell, 116 Ill. 305, 5 N.E. 114, 8 N.E. 688; People ex rel. v. Massieon, 279 Ill. 312, 116 639. 'Indeed, regulatory bodies have been compelled by mandamus to assume jurisdiction and fix ......
  • Butcher v. Rice
    • United States
    • Pennsylvania Supreme Court
    • June 30, 1959
    ...30 L.Ed. 798; Von Hoffman v. City of Quincy, 4 Wall. 535, 71 U.S. 535, 18 L.Ed. 403; City of Cairo v. Campbell, 116 Ill. 305, 5 N.E. 114, 8 N.E. 688; People ex rel. v. Massieon, 279 Ill. 312, 116 N.E. 'Indeed, regulatory bodies have been compelled by mandamus to assume jurisdiction and fix ......
  • Jackson Equipment & Service Co. v. Dunlop
    • United States
    • Mississippi Supreme Court
    • April 8, 1935
    ...& Bkg. Co., 59 C. C. A. 586, 123 F. 297; Clews v. Lee County, 2 Woods 474, Fed. Cas. No. 2892; Cairo v. Campbell, 116 Ill. 305, 5 N.E. 114, 8 N.E. 688; Stevens v. Miller, 3 Kan.App. 192, 43 P. 439; Territory ex rel. Custer County v. Yellowstone County, 6 Mont. 147, 9 P. 918; Stenberg v. Sta......
  • Buggeln v. Doe
    • United States
    • Arizona Supreme Court
    • October 29, 1904
    ...duty to which it refers. Kane v. Footh, 70 Ill. 587; Fowler v. Perkins, 77 Ill. 271; City of Cairo v. Campbell, 116 Ill. 305, 5 N.E. 114, 8 N.E. 688; Steines v. Franklin Co., 48 Mo. 167, 8 Am. Dec. State ex rel. Jones v. Laughlin, 73 Mo. 443; People v. Buffalo Co. Comrs., 4 Neb. 150; Seiple......
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