Alley v. Board of Supervisors

Citations

• 76 Ill. 101

Syllabus

<p>1. Estoppel—to deny permanent location of railroad, on a particular route. Where the bonds of a county, issued in aid of a railway company under a vote of the people for a corporate subscription, were deposited by the board of supervisors, to be delivered by the depositary ten per cent thereof when the road should be permanently located by a certain route named, that fact to be evi enced by the certificate of the president of the company and the agent appointed by the county, and the residue only when it should be made to appear, by the certificate of the chief engineer of the company and the county agent, that work had been done and material provided in the construction of the road to the amount of the bonds, as 'called for, and it appeared that these terms were acceded to by the company, and that, for the purpose of receiving the first installment of ten per cent, the company made and procured the certificate of permanent location, by which ten per cent of the bonds were delivered to the company: Held, that by receiving the bonds in the manner stated, the company was estopped from denying that its road was permanently located, as represented in its certificate.</p> <p>2. Municipal subscription—right to impose conditions. Where a proposition for county subscription to a railway company to aid in building a road from Quincy, by way of Payson and in the direction of Pittsfield, in Pike county, without any other conditions, was carried by vote of the people, and it appeared that the railway company, by its charter, was not bound to locate its road on that route, but had a large discretion as to the route to be selected, it was held, that the board of supervisors, in making the subscription, had the right to impose conditions as to the permanent location of the road upon the route contemplated, and to make the delivery of the county bonds to depend upon the same, and that the company, by accepting such conditions, was bound by them, in respect to its rights under th