People ex rel. Fox Howard & Co. v. City Council

Citations

• 50 Ill. 154

Syllabus

<p>1. Service op process—upon a municipal corporation. In an action against a municipal corporation, it appeared there was service of process upon the mayor and city clerk, and this was held to be sufficient service upon the corporation.</p> <p>2. Same—upon corporations, under the statute. The general statute regulating service upon corporations, has no application to municipal corporations ; they are left, as to process upon them, as at the common law, which requires such process to be served on the mayor, or other head officer.</p> <p>3. Mandamus—of notice of the application. The insufficiency of the notice of the application for a writ of mandamus is waived by the return to the alternative writ, and cannot afterwards be availed of. Appearance and pleading cure antecedent defects of that character.</p> <p>4. City op Cairo—of its power of taxation, and of the application of funds thereby created. A judgment was recovered against the city of Cairo for the work and labor of the plaintiffs therein for grading and filling certain streets and avenues in the city, and upon application by the plaintiff's in the judgment for a writ of mandamus to compel the city authorities to levy and collect taxes for the purpose of paying such judgment and the interest thereon, it was held, that while the city authorities could not levy a tax beyond the limits assigned in their charter, yet such available means as are at the disposal of the city, raised under the taxing power, and without diverting the funds from their original purposes as specified in the charter, should be applied to the payment of the judgment.</p> <p>5. The option given to the city by the act of 1867, amendatory of the charter, to set apart the interest fund for the payment of the interest on the bonded indebtedness of the city, or for the creation of a sinking fund for the redemption of the same, does not permit the city to apply a part of that fund in discharge of the interest on the bonded debt, and to set apart