Holmes v. City of Mattoon

Citations

• 111 Ill. 27

Syllabus

<p>1. Constitutional law — law exempting municipal corporations from giving appeal bond. The act of 1879, allowing municipal corporations to appeal without giving an appeal bond, as in other cases, is not unconstitutional, as being either a local law or special legislation.</p> <p>2. State — rights of, in respect to suits — liability for costs. The State can not be sued without its consent, nor can its power to sue and prosecute suits in all their various stages be limited or controlled, except by its sovereign power, properly exercised. It has the undoubted right to prosecute and defend all suits and maintain all legal proceedings, without cost or other restrictions.</p> <p>3. Municipal corporations — as State instrumentalities, may have same exemptions as the State. Public municipalities, such as counties, cities, villages, towns and school districts, and all officers suing for or defending the rights of the State, or acting for or instead of the State in respect of public rights, being only instrumentalities of the State, may constitutionally be authorized to sue without, the payment of costs, or conforming to all the requirements imposed by the law upon natural persons or corporations formed for private gain.</p>