Wiley v. Silliman

• Court: Illinois Supreme Court
• Writing for the Court: LAWRENCE
• Citation: Wiley v. Silliman, 62 Ill. 170, 1871 WL 8350 (Ill. 1871)
• Decision Date: 30 September 1871
• Parties: ANDREW M. WILEY et al.v.EDWARD C. SILLIMAN et al.

62 Ill. 170

1871 WL 8350 (Ill.)

ANDREW M. WILEY et al.

v.EDWARD C. SILLIMAN et al.

Supreme Court of Illinois.

September Term, 1871.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Knox County; the Hon. ARTHUR A. SMITH, Judge, presiding.

This was a bill in chancery by appellants in behalf of themselves and sixty-one other persons named, and all others interested, to enjoin the collection of a tax levied to pay interest on bonds issued by the township authorities, which bonds were claimed to be illegal.

The bill was filed in the circuit court of Peoria County and taken to Knox County on change of venue.

The facts bearing upon the merits are stated in the opinion of the court in Marshall v. Silliman, 61 Ill. 218. On the hearing the injunction was dissolved and the bill dismissed.

Messrs. WEAD & JACK, for the appellants.

Messrs. HARDING, MCCOY, & JOHN S. STEVENS, for the appellees.

Mr. CHIEF JUSTICE LAWRENCE delivered the opinion of the Court:

This case is, in all its substantial particulars, like the case of Marshall v. Silliman, 61 Ill. 218, the difference being that this relates to bonds issued by the town of Elmwood and the other to bonds issued by the town of Brimfield. The two cases have been submitted on substantially the same briefs. In the other case we found the $15,000 subscription to be invalid, and the others binding. Here we have two subscriptions, one for $35,000 and one for $40,000. This last for the $40,000 was void, for the reasons given in the other case in reference to the $15,000. The election was held March 16, 1869, on a notice posted by the supervisors February 16, 1869. When the notice was posted the charter of the company only authorized a subscription for $35,000. That was voted on the same day under a proper notice issued...