Locke v. Davison

Citations

• 111 Ill. 19

Syllabus

<p>1. County — power to fund indebtedness or issue interest bearing bonds to take up county orders. A county board has no authority of law to fund county indebtedness, or issue interest bearing bonds for money with which to take up outstanding county orders and obligations, without a vote of a majority of the legal voters of the county; and with such vote they are limited to eight per cent interest on such bonds.</p> <p>2. Same — general powers of county board — statute construed. The statute which provides that the county boards of the several counties shall have power “to manage the county funds and county business, except as otherwise specifically provided,” does not give such boards an absolute and unlimited power of management of county funds, when there is an absence of any specific provision of law to the contrary. It means no more than a power to manage the county funds and county business according to law.</p> <p>3. Same — injunction, to prevent payment of interest on bonds illegally issued. Where a county board issued bonds, bearing ten per cent interest, with which to liquidate outstanding county orders, the payment of interest on the same was enjoined by the circuit court at the suit of the tax-payers of the county, and this court affirmed the decree.</p> <p>4. Statute — specifying one mode, as exchidi/ng an/y other. 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>5. Chanceby — affirmative relief not on answer. On bill filed by taxpayers of a county to restrain the county board from paying certain interest bearing bonds illegally issued by that body, for money with which to liquidate outstanding county orders, the circuit court enjoined the county board from paying interest on such bonds, but' failed to decree that the principal sum should be returned, and this failure was assigned for error: Held, that the decree was not erroneous in this respect, as there was n