Howell v. City of Peoria

Citations

• 90 Ill. 104

Syllabus

<p>1. Municipal taxation—to pay debt created in violation of the constitution. Where the indebtedness of a city exceeds the constitutional limitation of five per centum of the valuation of taxable property, the city will he enjoined from the levy and collection of a tax for the purpose of paying an additional indebtedness incurred, before such levy, in violation of the constitution.</p> <p>2. Chancery—dismissal for want of proper parties. A bill to enjoin the levy and collection of a tax to pay a debt incurred by a city, in excess of its authority, should not be dismissed because the creditor of the city is not a party to the suit. The bill should be retained, in order that the proper parties may be made to it.</p>