Reports of Cases Argued And Determined in the Supreme Court of the State of Illinois 10 (December Term, 1848, And June Term, 1849)
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Com. Law R. 82; Marshall v. Poole, 13 East, 98.
A. Williams concluded the argument in behalf of the appellant: Where a special authority is given to magistrates and others by 154 1848.1 Kidder v. Trustees of Schools. 19-4 Opinion of the Court.
Statute, their acts are null and void, unless thej proceed in the manner and under the restrictions which it imposes. 2 Starkie's Ev. 660; 3 U. S. Dig. 73, §§ 51, 108, 122; Dillingham v. Snow, 5 Mass. 557; Bangs v. Snow, 1 do. 190; Stetson v. Kempton, 13 ...do. 281.
There is no position, which depends on clearer principles, than that every act of a delegated authority contrary to the commission under which it is exercised, is void. Merrill v. Sherburne, 1 New Hamp. 216.
Opinion of the court by Caton, J. There is but a single ques- tion presented in this case, depending entirely upon the construc- tion to be given to the act of 12th of January, 1833, author- izing a credit on sales of school lands. That act provides, " that whenever the inhabitants of a township, petitioning for the sale of the sixteenth section, shall be of opinion that their interests would be promoted by selling said section on a credit, they may represent the same in their petition; whereupon it [^ 1941 shall be the duty of the commissioner to sell said lands on a credit of one, two, and three years, the purchaser giving a mort- gage on the land, and good personal security, for the payment of the purchase money, to be approved by the county commissioners' courts respectively." Can the commissioners sell upon the credits specified, and agree with the purchaser for the payment of interest?
What to read after Reports of Cases Argued And Determined in the Supreme Court of the State of Illinois 10 (December Term, 1848, And June Term, 1849)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Com. Law R. 82; Marshall v. Poole, 13 East, 98.
A. Williams concluded the argument in behalf of the appellant: Where a special authority is given to magistrates and others by 154 1848.1 Kidder v. Trustees of Schools. 19-4 Opinion of the Court.
Statute, their acts are null and void, unless thej proceed in the manner and under the restrictions which it imposes. 2 Starkie's Ev. 660; 3 U. S. Dig. 73, §§ 51, 108, 122; Dillingham v. Snow, 5 Mass. 557; Bangs v. Snow, 1 do. 190; Stetson v. Kempton, 13 ...do. 281.
There is no position, which depends on clearer principles, than that every act of a delegated authority contrary to the commission under which it is exercised, is void. Merrill v. Sherburne, 1 New Hamp. 216.
Opinion of the court by Caton, J. There is but a single ques- tion presented in this case, depending entirely upon the construc- tion to be given to the act of 12th of January, 1833, author- izing a credit on sales of school lands. That act provides, " that whenever the inhabitants of a township, petitioning for the sale of the sixteenth section, shall be of opinion that their interests would be promoted by selling said section on a credit, they may represent the same in their petition; whereupon it [^ 1941 shall be the duty of the commissioner to sell said lands on a credit of one, two, and three years, the purchaser giving a mort- gage on the land, and good personal security, for the payment of the purchase money, to be approved by the county commissioners' courts respectively." Can the commissioners sell upon the credits specified, and agree with the purchaser for the payment of interest?
What to read after Reports of Cases Argued And Determined in the Supreme Court of the State of Illinois 10 (December Term, 1848, And June Term, 1849)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
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