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· 6/15/1876

County of Hardin v. McFarlan

Citations

  • 82 Ill. 138

Syllabus

<p>1. County court—power to bind county exists by statute only. County courts can only exercise such powers, when sitting for the dispatch of county business, as have been conferred on them by express law, or are necessary to be exercised in order to carry into effect such granted powers.</p> <p>2. Municipal debts—means provided excludes all others. It is a familiar principle, that where a statute points out a particular course to be pursued to effect a particular purpose, no other course can lawfully be pursued.</p> <p>3. Thus, where an act to enable counties to liquidate their debts, provides that the county courts, or boards of supervisors, may levy a special county tax for that purpose, they can only be discharged by the levy of such tax, and the county board has no authority to take up its outstanding orders and give bonds in lieu thereof, bearing interest. Interest-bearing obligations can not be issued in the absence of statutory authority.</p>

Judges: Breese, Scott, Walker

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