{
  "id": 5401048,
  "name": "Village of Ina, Illinois, by O. T. Shinn, Taxpayer, Appellant, v. F. F. Kelley, Appellee",
  "name_abbreviation": "Village of Ina v. Kelley",
  "decision_date": "1917-04-13",
  "docket_number": "",
  "first_page": "168",
  "last_page": "169",
  "citations": [
    {
      "type": "official",
      "cite": "206 Ill. App. 168"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 191,
    "char_count": 2550,
    "ocr_confidence": 0.604,
    "sha256": "b4a9af6efc84252971bb46f41c53e02d1295fb2cf5d71a39224baa953f9e8a00",
    "simhash": "1:1a56c3d0f00db7a5",
    "word_count": 427
  },
  "last_updated": "2023-07-14T14:33:48.967362+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Village of Ina, Illinois, by O. T. Shinn, Taxpayer, Appellant, v. F. F. Kelley, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McBride\ndelivered the opin- . ion of the court.\n3. Judgment, \u00a7 419*\u2014when dismissal of action is bar to another action. For dismissal of one action to operate as a bar to another action there must be identity of parties and of subject-matter.\n4. Judgment, \u00a7 434*\u2014what constitutes a former adjudication. To constitute a former adjudication there must have been a trial and a determination of the rights of the parties.\n5. Judgment, \u00a7 419 \u2014when dismissal of action is not bar to another action. Dismissal of an action for want of jurisdiction on motion without trial by a justice of the peace, held no bar to another action.",
        "type": "majority",
        "author": "Mr. Presiding Justice McBride"
      }
    ],
    "attorneys": [
      "E. M. Peavler, for appellant.",
      "Curtis Williams, for appellee; G. Gale Gilbert, of counsel."
    ],
    "corrections": "",
    "head_matter": "Village of Ina, Illinois, by O. T. Shinn, Taxpayer, Appellant, v. F. F. Kelley, Appellee.\n(Not to be reported in full.)\nAbstract of the ^Decision.\n1. Municipal cobpobations, \u00a7 129 \u2014when officer paying out -funds without authority is liable therefor to village. Where the president of a village board of trustees, in order to secure evidence. of a violation of the anti-saloon law in the village, employed a certain detective to investigate same and, without first having procured an appropriation to pay for such employment or authorization by the village board so to do, he issued orders to himself upon the village treasury and drew therefrom funds which he paid for. such employment, held that an action for recovery of such money was properly brought against the president and not against the one to whom he paid the money.\n2. Justices of the peace, \u00a7 54*\u2014what constitutes debt giving jurisdiction of action for recovery. Where money was procured unlawfully from a village, held that the procuring of such money created a money liability or debt upon the party procuring same, over which a justice of the peace would have jurisdiction for its recovery.\nAppeal from the County Court of Jetterson county; the Hon. R. E. Hickman, Judge, presiding. Heard in this court at the October term, 1916.\nReversed and remanded.\nOpinion filed April 13, 1917.\nStatement of the Case.\nAction by the Village of Ina, Illinois, by O. T. Shinn, a taxpayer, plaintiff, against F. F. Kelley, 'defendant, to recover $122.53 paid to defendant without authorization of the village board. From a judgment for defendant, plaintiff appeals.\nE. M. Peavler, for appellant.\nCurtis Williams, for appellee; G. Gale Gilbert, of counsel.\nSee Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0168-01",
  "first_page_order": 212,
  "last_page_order": 213
}