Wright v. Bishop

Citations

• 88 Ill. 302

Syllabus

<p>1. Injunction—of incurring illegal debt by municipal corporation. Every taxpayer has the right to enjoin the municipality in which he is liable to taxation, fr°m incurring an illegal debt, or from issuing evidences of such debts.* </p> <p>2. Municipal subsceiptions—to corporations, prohibited. There is no authority, under the present constitution, in counties, cities, towns or other municipalities, to make subscription for the capital stock of railroad companies, or to make donations to, or to lend their credit in aid of such corporations, unless the ■ same was authorized by vote prior to the second day of July, 1870, and the burden rests on those claiming the right to issue bonds for such purposes, or asserting the validity of bonds issued for such purposes, since the adoption of the present constitution, to show affirmatively that they were authorized by a vote under then existing laws prior to the adoption of the constitution.</p> <p>3. The prohibition in the present constitution, against municipal subscriptions to the stock of corporations, or donations in aid of railroad companies, and other private corporations, took effect on July 2, 1870, and all such subscriptions or donations, not authorized by a vote of the municipality, prior to that time, are void.</p> <p>4. Ereoe—as to other parties. A party can not complain of a decree against a corporation not in existence, where it does not appear he is prejudiced by it, nor can such party complain that costs were improperly decreed against a town, made a defendant with him.</p>