The Mount Carbon Coal & R.R. Co. v. Blanchard
| Decision Date | 30 June 1870 |
| Citation | 54 Ill. 240,1870 WL 6301 |
| Court | Illinois Supreme Court |
| Parties | THE MOUNT CARBON COAL & RAILROAD CO. et al.v.I. BLANCHARD et al. |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Jackson county; the Hon. MONROE C. CRAWFORD, Judge, presiding.
The opinion states the case.
Mr. THOMAS G. ALLEN, for the appellants.
Mr. WILLIAM J. ALLEN, for the appellees.
This was a bill in chancery for an injunction, in the Jackson circuit court, by the Mount Carbon Coal & Railroad Co. and Andrew C. Bryden, against the school directors of school district No. 2, in township 9 south, range 2 west, in Jackson county, to which the county clerk, and sheriff, and collector of the county were made defendants, to restrain the collection of a tax assessed against the property of the complainants in that district, on the allegation that the tax was assessed without authority of law.
It appears, by the bill, that on the second of September, 1867, the defendants, acting as school directors of district No. 2, in township 9 south, range 2 west, made this certificate: “We hereby certify that we require the rate of one per cent to be levied as a special tax, for school purposes, on the taxable property of our district, for the year 1867; and also the rate of two and one-half per cent on the taxable property of our district, to pay for building a new school house in our said district, making a total of three and one-half per cent on the taxable property of our district.”
These assessments were entered on the collector's books by the clerk, and it is alleged the sheriff is proceeding to collect them.
It is alleged in the bill, that no election was ever held in school district No. 2, to determine the question of locating or purchasing a school house site, building a school house, or as to the levy of taxes for the purpose of building a new school house in that district, and complainants claim that no more than one per cent on the assessed value was warranted or could be assessed as a special tax for school purposes, for the year 1867, on the taxable property in that district.
The bill also alleges that complainants have tendered to the collector of taxes the one per cent assessed for school purposes, which he refused, claiming the whole tax as placed upon the tax books, and threatens to distrain and sell personal property.
Complainants claim that $1785.58 of the tax demanded of the railroad company is illegal and unwarranted, and $9.11, as charged against their co-complainant, Bryden, is also illegal and unwarranted.
The defendants demurred to the bill, assigning as grounds of demurrer, improper parties, multifariousness and want of sufficient matter in the bill to entitle complainants to any relief. The court sustained the demurrer and dismissed the bill.
To reverse this decree, complainants appeal to this court.
The grounds of objection stated to the bill, that improper parties are made plaintiffs, and that the bill is multifarious, we do not deem tenable. Bryden had the same...
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