People ex rel. Town of Atlanta v. Town of Oran

Citations

• 121 Ill. 650

Syllabus

<p>1. Limitations—as applicable to municipal corporations. Municipal corporations, in all matters involving mere private rights as contradistinguished from public rights, as, the liability of one town to another to pay money to or for the other, are subject to the limitation laws to the same extent as private individuals.</p> <p>2. Same—in suit to compel contribution for indebtedness of a town from which territory has been taken. In a proceeding by one town from which territory has been taken, against the town to which it was attached, to compel the latter to contribute to the payment of the indebtedness of the former town, the Statute of Limitations of five years may be pleaded as a bar.</p> <p>3. If a town having a bonded indebtedness is divided, and part of its territory attached to another town, a proceeding to apportion the indebtedness between the two towns so that each may thereafter pay its proportionate share thereof, must be brought within five years after the right has accrued, or it will be barred. There is no trust in such a case to take the case out of the operation of the statute.</p>