Perry v. Kinnear

Citations

• 42 Ill. 160

Syllabus

<p>1. Powers or mdnicipai, corporations—appropriation of county funds. The corporate powers of a county under township organization can be exercised only by the board of supervisors, which is a quasi corporation, and possesses only such powers as are conferred by law.</p> <p>2. A board of supervisors has no power to appropriate any portion of the county funds to the use or benefit of a circuit judge, as compensation to him in that capacity.</p> <p>3. Injunction—when it will be granted. Where county authorities attempt to appropriate the county funds for such purpose, a court of chancery will afford preventive relief by injunction.</p> <p>4. Same — evasion thereof. Where a board of supervisors passed an order directing the county clerk to issue an order upon the county treasurer, to a certain person, for a purpose not warranted by law, and the county officers were enjoined from any action in respect thereto, the rescinding of that order by the board of supervisors and passing another of the same character is but an evasion of the injunction, which embraces the second as well as the first order, and any action under the second order would be a contempt of the authority of the court awarding the injunction.</p> <p>5. In such case, a supplemental bill and another injunction are not necessary to restrain the officers from acting under the second order, but the original bill and injunction would be effective for that purpose.</p>