Ryan v. Lynch

Citations

• 68 Ill. 160

Syllabus

<p>1. Constitutional law—passage of statutes. Where a bill for an act was passed by the House of Representatives, but in the Senate was not read on three different days, and was not passed by a vote of the ayes and noes, as required by the constitution of 1848, it was held, that it never became a law, and was a nullity, although it was reported back to the House as having passed the Senate, and was enrolled and approved by the Governor.</p> <p>2. Evidence—as to the passage of a law. The certificate of the Secretary of State, showing what proceedings were had in either branch of the General Assembly in relation to the passage of 'a bill, is competent evidence to show whether or not the same was passed in the constitutional mode; and where such certificate, in due form, purports to give all the proceedings, there can be no inference that any other proceedings were had in relation to the passage of the bill.</p> <p>3. Municipal bonds—whether void, or voidable. Where bonds of a municipal corporation are issued without any power or authority in law, as, under what purported to be a law, but which was not passed in the constitutional mode, they are absolutely void, no matter in whose hands they may he; but if the legal power or authority to issue them existed, but was defectively or irregularly executed, they are only voidable, and an innocent holder may collect them. Where they are void, no subsequent act or recognition of their validity by the municipal authorities can estop the tax-payers from denying their legality.</p> <p>4. Parties in chancery—when numerous and unknown. The general rule in equity is, that all persons who have any substantial, legal or beneficial interest in the suit, should be made parties; but where such persons are very numerous, or are unknown, so that the rule becomes impracticable, or extremely inconvenient, the court will dispense with it.</p> <p>5. Thus, on a bill in equity by certain tax-payers of a township to restrain the collection of a t