Harvey & Boyd v. President & Board of Trustees of Olney

Citations

• 42 Ill. 336

Syllabus

<p>1, Compulsoby payment—what constitutes. A payment, made under protest to the officers of a town, to avoid prosecution and fine under an invalid ordinance, is an involuntary payment, and an action will lie against the town for the sum paid and interest.</p> <p>3. It is no defense to such an action for a town to plead the illegality of its own ordinance; and it is sufficient, if it appear, that the money was paid to avoid fine and imprisonment, and under circumstances sufficient to induce the belief that the provisions of the ordinance would be enforced.</p> <p>3. It seems, that the mere invalidity of an ordinance would not, of itself, constitute a sufficient ground for the recovery of money voluntarily paid under it.</p>