Broadway Bank of St. Louis v. McGee Creek Levee & Drainage District

Appellate Court of Illinois

Broadway Bank of St. Louis v. McGee Creek Levee & Drainage District

204 Ill. App. 592, 1917 Ill. App. LEXIS 489

DecidedApril 16, 1917

StatusPublished

This text of 204 Ill. App. 592 (Broadway Bank of St. Louis v. McGee Creek Levee & Drainage District) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Broadway Bank of St. Louis v. McGee Creek Levee & Drainage District, 204 Ill. App. 592, 1917 Ill. App. LEXIS 489 (Ill. Ct. App. 1917).

Pincite

Opinion

Mr. Presiding Justice Thompson

delivered the opinion of the court.

2. Courts, § 95*—when no presumption as to jurisdiction. There is no presumption in favor of the jurisdiction of the County Court in a statutory proceeding even when the attack on the jurisdiction is collateral. 3. Drainage—what are requisites of petition to vacate order of County Court as to abatement of assessments. In a proceeding in the County Court under the drainage statute, to vacate an order of the County Court abating the excess of an assessment of benefits for construction work over a bond issue based on such assessment, the statute must be literally complied with both as to the subject-matter and the person, and if the petition is not sufficient to confer jurisdiction the appearance and consent of the landowners do not have that effect. 4. Bills and notes, § 102*—what not negotiable paper. A drainage warrant is not negotiable paper. 5. Contracts, § 345*—when assignee of drainage warrant may sue in own name. The assignee of a drainage warrant may maintain suit thereon in his own name subject to the equities between the original parties. 6. Drainage, § 57*—when warrant lien on assessment. Under section 38 of the Levee Act (J. & A. jf 4419), a warrant for borrowed money is a lien on the assessment. 7. Drainage, § 55*—what warrants payable out of. A drainage warrant for borrowed money is only payable out of assessments made when the order authorizing the warrant was issued. 8. Drainage, § 7*—what is nature of district organised under Levee Act. A district organized under the Levee Act is a body politic and corporate, subject to sue and to be sued as any other municipal corporation. 9. Drainage, § 51*—what must be alleged as' to nature of district in suit against it. In suing a district organized under the Levee Act it is not necessary to allege in terms that it is a corporation, but it is sufficient to allege facts which show it to be a corporation. 10. Drainage, § 51*—who not necessary parties in suit against district. A district organized under the Levee Act represents the property owners, and such owners are not necessary parties to a suit in equity against the district. 11. Equity—when party’s contentions ineffective. A party’s contentions in a suit which are inconsistent and evasive are ineffective in equity.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Presiding Justice Thompson

delivered the opinion of the court.

2. Courts, § 95*—when no presumption as to jurisdiction. There is no presumption in favor of the jurisdiction of the County Court in a statutory proceeding even when the attack on the jurisdiction is collateral. 3. Drainage—what are requisites of petition to vacate order of County Court as to abatement of assessments. In a proceeding in the County Court under the drainage statute, to vacate an order of the County Court abating the excess of an assessment of benefits for construction work over a bond issue based on such assessment, the statute must be literally complied with both as to the subject-matter and the person, and if the petition is not sufficient to confer jurisdiction the appearance and consent of the landowners do not have that effect. 4. Bills and notes, § 102*—what not negotiable paper. A drainage warrant is not negotiable paper. 5. Contracts, § 345*—when assignee of drainage warrant may sue in own name. The assignee of a drainage warrant may maintain suit thereon in his own name subject to the equities between the original parties. 6. Drainage, § 57*—when warrant lien on assessment. Under section 38 of the Levee Act (J. & A. jf 4419), a warrant for borrowed money is a lien on the assessment. 7. Drainage, § 55*—what warrants payable out of. A drainage warrant for borrowed money is only payable out of assessments made when the order authorizing the warrant was issued. 8. Drainage, § 7*—what is nature of district organised under Levee Act. A district organized under the Levee Act is a body politic and corporate, subject to sue and to be sued as any other municipal corporation. 9. Drainage, § 51*—what must be alleged as' to nature of district in suit against it. In suing a district organized under the Levee Act it is not necessary to allege in terms that it is a corporation, but it is sufficient to allege facts which show it to be a corporation. 10. Drainage, § 51*—who not necessary parties in suit against district. A district organized under the Levee Act represents the property owners, and such owners are not necessary parties to a suit in equity against the district. 11. Equity—when party’s contentions ineffective. A party’s contentions in a suit which are inconsistent and evasive are ineffective in equity.

Cite This Page — Counsel Stack

Bluebook (online)

204 Ill. App. 592, 1917 Ill. App. LEXIS 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadway-bank-of-st-louis-v-mcgee-creek-levee-drainage-district-illappct-1917.