Millikin v. Edgar Cnty.

• Decision Date: 02 November 1892
• Citation: 32 N.E. 493,142 Ill. 528
• Parties: MILLIKIN v. EDGAR COUNTY.
• Court: Illinois Supreme Court

142 Ill. 528

32 N.E. 493

MILLIKIN

v.EDGAR COUNTY.¹

Supreme Court of Illinois.

Nov. 2, 1892.

Appeal from appellate court, third district.

Assumpsit by Andrew Millikin against the county of Edgar. Defendant obtained judgment on demurrer, which was affirmed by the appellate court. Plaintiff appeals. Affirmed.

J. E. Dyas, G. A. Van Dyke, and H. S. Tanner, for appellant.

James A. Eads and Henry Van Sellar, for appellee.

GRAIG, J.

This was an action of assumpsit brought by Andrew Millikin against the county of Edgar to recover damages for the breach of an alleged contract entered into by and between the parties. It is averred in the declaration that on the 11th day of April, 1889, the board of supervisors of the county appointed the plaintiff steward or keeper of Edgar county poorhouse for the term of three years from the 1st day of May, 1889, and agreed to pay him as compensation $1,700 per annum, payable in quarterly installments on the 1st days of March, June, September, and December; that the plaintiff gave bond with security for the performance of his duties, which was approved by the board; that he entered upon the discharge of his duties under the appointment, and continued in the discharge thereof, faithfully performing all duties imposed upon him, until the 6th day of March, 1890, when the board of supervisors discharged the plaintiff, and ordered him to vacate the poor farm, and then and there dispossessed him, and refused longer to permit plaintiff to perform the duties of said appointment, by means whereof he was injured, and has sustained damages, etc. The defendant interposed a general demurrer to the declaration, which the court sustained, and, the plaintiff electing to abide by his declaration, judgment was entered against him for costs, which was affirmed in the appellate court.

The only question presented by the appeal is whether the board of supervisors had the power to enter into the contract with the plaintiff described in the declaration for the term of three years. Counties are political divisions of the state created for governmental purposes. They possess such powers as have been conferred by the constitution and legislative department of the state. Their powers are of a public nature conferred merely for public purposes, and they should be exercised in such a manner as will best promote the interest and advance the welfare of the people. In chapter 34, Rev. St., will be found many of the principal powers conferred upon counties. Section 22 provides that each county shall be a body politic and corporate, and may sue and be sued; section 23 provides that the powers shall be exercised by a county board; and section 24 confers authority to purchase and hold real and personal property necessary for the use of the county, to make contracts, and do all other acts in relation to the property and concerns of the county, necessary to the exercise of its corporate powers; section 26 makes it the duty of the county board to erect and keep in repair almshouses,jails, and other necessary county buildings; while section 25 confers power on the board to cause to be annually levied and collected taxes for county purposes. Section 14, c. 107, provides that every county (except those in which the poor are supplied by the towns) shall receive and support the poor resident in the county. Section 28 also provides that the county board shall have power to acquire a suitable tract of land upon which to erect and maintain a county county poorhouse; to appoint a keeper of the poorhouse, and...