{
  "id": 2653747,
  "name": "Village of Kansas v. William Juntgen",
  "name_abbreviation": "Village of Kansas v. Juntgen",
  "decision_date": "1877-01",
  "docket_number": "",
  "first_page": "360",
  "last_page": "361",
  "citations": [
    {
      "type": "official",
      "cite": "84 Ill. 360"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "25 Ill. 595",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        443453
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/25/0595-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 173,
    "char_count": 2443,
    "ocr_confidence": 0.508,
    "pagerank": {
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    "simhash": "1:aa4f4cd446f545c3",
    "word_count": 417
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  "last_updated": "2023-07-14T15:17:00.226499+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Village of Kansas v. William Juntgen."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Breese\ndelivered the opinion of the Court:\nThis suit was instituted in the county court of Edgar county, by the village of Kansas, plaintiffs, and against William Juntgen, defendant, certain tax-payers suing in the name of the village to recover money alleged to have been paid to the defendant without lawful authority.\nThere was a verdict for the defendant, and judgment being rendered thereon, the plaintiffs appealed to the circuit court, in which court there was also a verdict for the defendant, which the court refused to set aside, and rendered judgment against the plaintiffs for the costs, and that defendant \u201c have execution thereof.\u201d To reverse this judgment and order, plaintiffs appeal to this court.\nThis village was incorporated under the general law, on October 12, 1872.\nAn important question is raised, which we will not now discuss, as there is no argument on behalf of appellee, and as the judgment must be reversed for the reason that an execution was ordered to collect the costs.\nIn City of Chicago v. Hasley, 25 Ill. 595, it was held to be error to award an execution against a municipal corporation, and this rule has been adhered to ever since. City of Bloomington v. Brokaw et al. 77 ib. 194.\nThe statute authorizing tax-payers of an incorporated village to bring actions in the name of the village, requires they shall file a bond for costs, and shall be liable for all costs in case the village be cast in the suit, and judgment shall be rendered accordingly. Ch. 24, Rev. Stat. 1874. It would seem, from this, that the judgment for cost's should go against the tax-pavers signing the bond. At any rate, no order could go for an execution against the corporation.\nFor the reasons given, the judgment is reversed and the cause remanded. The question raised being an important one, a veni/re de novo is awarded.\nJudgment reversed.",
        "type": "majority",
        "author": "Mr. Justice Breese"
      }
    ],
    "attorneys": [
      "Mr. Egbert L. MoKinlat, for the appellant."
    ],
    "corrections": "",
    "head_matter": "Village of Kansas v. William Juntgen.\n1. Municipal corporation\u2014execution can not be awarded. It is error to award an execution against a municipal corporation.\n2. Costs \u2014m suit by tax-payers in name of milage. In a suit \"by taxpayers of an incorporated village, in the name of the village, the statute requires they should file a bond for costs, and if the plaintiffs fail, judgment for costs, it seems, should go against the securities.\nAppeal from the Circuit Court of Edgar county; the Hon. Oliver L. Davis, Judge, presiding.\nMr. Egbert L. MoKinlat, for the appellant."
  },
  "file_name": "0360-01",
  "first_page_order": 360,
  "last_page_order": 361
}