Rau v. Village of Warrensburg

Full title: Christian Rau et al., Appellees, v. Village of Warrensburg, Appellant

Court: Appellate Court of Illinois, Third District

Date published: Oct 19, 1939

302 Ill. App. 37 (Ill. App. Ct. 1939)

23 N.E.2d 371

Opinion

Gen. No. 9,174. (Abstract of Decision.)

Opinion filed October 19, 1939.

COURTS, § 75^_ — jurisdiction, under statute subsequently held unconstitutional. Where disconnection of agricultural land from village was allowed by court under statute subsequently held unconstitutional, since the court did not have jurisdiction of the subject matter except through the unconstitutional act, the original order would have to be vacated.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Macon county; Hon. CHARLES Y. MILLER, presiding. Order reversed, cause remanded with directions. Heard in this court at April term, 1938; opinion filed October 19, 1939.

Evans Kuhle, for appellant;

John R. Fitzgerald, Robert N. Patterson and Elbert S. Smith, for appellees.

Opinion by JUSTICE HAYES.

"Not to be published in full."