{
  "id": 8501848,
  "name": "The County of Rock Island v. Joseph Steele; Same v. The State Bank",
  "name_abbreviation": "County of Rock Island v. Steele",
  "decision_date": "1863-04",
  "docket_number": "",
  "first_page": "543",
  "last_page": "544",
  "citations": [
    {
      "type": "official",
      "cite": "31 Ill. 543"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "4 Gilm. 20",
      "category": "reporters:state",
      "reporter": "Gilm.",
      "case_ids": [
        2563272
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/9/0020-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T20:01:21.455791+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The County of Rock Island v. Joseph Steele. Same v. The State Bank."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justioe CatoN\ndelivered the opinion of the Court.\nWe shall notice but one of the several questions raised in these causes, for that we meet at the very threshold, and it is decisive of them, and hence, necessarily, supercedes all others.\nThe actions are brought against \u201cThe County of Rock Island,\u201d while the statute, in express terms, requires that they should be brought against \u201c The Board of Supervisors of the County of Rock Island.\u201d We have often decided that we must take judicial notice of the adoption of township organization by any county in the State; and so we know that Rock Island county has adopted that law. The \u00fcrst section of the thirteenth article of the township organization law of 1861, confers upon the counties thus organized, the capacity \u201c to sue and be sued in the manner prescribed by law,\u201d and this manner is prescribed in the third section of the same article, as follows: \u201c All ants and proceedings by and against a county in its corporate capacity shall be in the name of the board of supervisors of such county.\u201d\nIn Schuyler Co. v. Mercer Co., 4 Gilm. 20, we stated, what is familiar to all, that a county has not the capacity to be sued except it is conferred by special statute, and when that capacity is so conferred, the mode pointed out by the statute must be strictly pursued. And this seems specially enjoined in this statute. It confers the capacity \u201c to sue and be sued in the manner prescribed. by law; \u201d clearly limiting that capacity to the manner thus prescribed. In any other mode, the capacity is wanting; as much as if there were no law authorizing the county to be sued. In no other mode could the county be brought before the court. In no other name was any one authorized to appear for the county. Hence, there was no necessity for a plea of misnomer as in ordinary cases.\nThe whole proceeding was unauthorized by law. The judgment must be reversed.\nJudgment reversed.",
        "type": "majority",
        "author": "Mr. Chief Justioe CatoN"
      }
    ],
    "attorneys": [
      "Mr. J. B. Hawley, for the appellant.",
      "Mr. Charles M. OsborN, for the appellee."
    ],
    "corrections": "",
    "head_matter": "The County of Rock Island v. Joseph Steele. Same v. The State Bank.\n1. Counties \u2014 in what manner to besued, and by what authority. A county lias not tlie capacity to Be sued except it is conferred By special statute ; and when that capacity is so conferred, the mode pointed out by the statute must he strictly pursued.\n2. Counties which have adopted township organization, can he sued only in the name of the hoard of supervisors.\n3. Misnomer \u2014 need not be pleaded. If such county is sued, hy any other, name than that of the hoard of supervisors, it is error, and there is no necessity for a plea of misnomer, as in ordinary cases.\n4. Judicial notice. The Supreme Court will take judicial notiee of the fact that a county has adopted township organization.\nAppeals from the Circuit Court of Henry county; the Hon. Ira O. WilxiNSON, Judge, presiding.\nThese were actions of debt instituted by the appellees, respectively, against the appellant, by the name and style of \u201cThe county of Rock Island,\u201d that county having previously\" adopted township organization.\nThe suits were commenced in the Circuit Court of Rock Island county, and removed, upon change of venue, into the Circuit Court of Henry county, in which such proceedings were had that judgments were rendered against the county.\nFrom those judgments the county took these appeals. The only -question presented is, whether the eounty was sued in the proper name.\nMr. J. B. Hawley, for the appellant.\nMr. Charles M. OsborN, for the appellee."
  },
  "file_name": "0543-01",
  "first_page_order": 545,
  "last_page_order": 546
}