Rutz v. Calhoun

Citations

• 100 Ill. 392
• 1881 Ill. LEXIS 110

Syllabus

<p>1. Taxes—to pay illegal municipal bonds, may be enjoined. Where bonds have been issued by a township to a railroad company, under a vote at an election held without authority of law, neither the State nor the local officers have authority to cause a tax to be levied for the payment of the principal or interest of such bonds, and they may be enjoined from attempting to do so.</p> <p>2. Assignment of eeboe—by whom—as to refunding taxes. Where a tax is levied without legal authority, the State and county officers concerned in its collection, against whom no costs are awarded, can not assign for error that part of the decree requiring the repayment of the taxes to those who paid them, as such officers have no interest in that question.</p>