Weinhagen v. City of Herrin

Full title: George Weinhagen, Jr., Administrator of Estate of Albert Weinhagen…

Court: Appellate Court of Illinois

Date published: Mar 9, 1940

305 Ill. App. 158 (Ill. App. Ct. 1940)

26 N.E.2d 525

Opinion

Opinion filed March 9, 1940

MUNICIPAL AND PUBLIC BONDS, § 14^_ — validity. In action on municipal bonds, city could not contend ordinance had to be submitted to vote of citizens, where statute requiring submission went into effect months after ordinance was passed, and record showed but one person was absent from city council and that ordinance was unanimously passed, which for some years after passage of ordinance was tantamount to a yea and nay vote.

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

Appeal from Circuit Court of Williamson county; Hon. D.F. RUMSEY, presiding.

Affirmed. Heard in this court at October term, 1939.

Lan Haney and E.N. Bowen, for appellant;

Gold McCann, Costigan Wollrab and C. Ross Reynolds, for appellee;

J.E. Porter and Walter A. Yoder, of counsel.

Opinion by PRESIDING JUSTICE STONE.

"Not to be published in full." Opinion filed March 9, 1940.