City of Chicago v. Turner

Citations

• 80 Ill. 419

Syllabus

<p>1. Municipal corporations—liability for illegal acts of its officers and servants. Where the act done is within the corporate power, and might have been lawfully accomplished, had the municipal authorities proceeded according to law, the corporation will be liable for the acts of its officers and servants, proceeding contrary to law, or in an irregular manner.</p> <p>2. But where the act complained of lies wholly outside of the general or special powers of the corporation, it can, in no event, be liable, whether it directly commanded the performance of the act, or whether it be done by its officers without its express command.-</p> <p>3. Where a declaration shows an injury resulting from the acts of city officers in attempting to enforce an ordinance which was ultra vires and void, it will fail to show any right of action against the city.</p>