Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1916-04-28
C0UNTyREQU|RED
TO FILE ANSWER
Appellate Court Holds Error Com.
mitted by Trial Judge In Suit of
Kreis Against County.
AFFIDAyITS ARE INSUFFICIENT
As in Dunno Jail Injunction Case. Tri.
bunal Says Good Cause of 4c.
ton on Face is Shown.

Certified copies of the opinion hand
ed down by the appellate cour, II
the second district at Ottawa in tha
case of E. B, Kreis against Rock Is
land county, ct al, in which the ru,-
ing of Judge F. D. Ramsay in circuit
court here, dismissing the Jail injunc-
ton bill, is reversed and the case re-
manded for trial, have been received
| here
| Mr. kreis as a taxpayer sought an
injunction to prevent the erection of
| the new county Jail on the court house
square. He alleged principally that
the bonded Indebtedness of the county
had exceeded the constitutional limit
and also that the county had no legal
| right to divert funds, for the erection
! of a sheriff's residence, which had
| been voted for county Jail. 1t was
| also charged that the county had no
| authority to erect a Jail on the court
house square, under the terms of the
original dedication of the ground.
| In the injunction suit which Bishop
E. NJ Dunno brought against the coun-
| ty he also attacked the countv's title
to the court house square for Jail Dur
poses. The Illinois supreme court in
this case last week handed down a
decision in which Judge Ramsay's rul-
Ing, dismissing the bill, was likewise
! reversed and the case remanded. In
both actions the higher courts held
that 1t was error for the trial Judge to
dismiss the bills filed, since the coun-
ty in neither case had been required to
answer or demur, but instead filed af1-
davits and plats to support its con-
tentions. In each instance the courts
held good cause Of action is shown on
the face of the bills.
Complete Opinion.
Complete text of the opinion of the
appellate court in the kreis suit fol-
lows:
Edward B. Kreis. a citizen, real es-
tate owner and taxpayer of the CITY of
Rock Island, filed a bill in equity
against the county of Rock Island, its
supervisors and its Jail building COM
mittee, to enjoin the county from build
ing new Jail on the west side of the
pubic square, and gave notice to de-
PENDANTS of an application for a tenn
porary injunction. Defendants ap-
peared and filed affidayits DENYING
many of the allegations of the bill.
Complainant moved for a rule on de-
PENDANTS to plead. answer or demur be-
fore the motion for an injunction was
heard, and also moved to strike the
aftidavits filed by defendants from the
files. Each motion was denied; the
court heard the motion for an injunc-
ton upon the bill and affidavits and
denied the motion and dismissed the
bill. The affidavits and exhibits there
to were preserved by a certificate of
evidence Complainant appeals from
that decree.
dunno, -lolic bishop, VS.. the
county of Rock Island, in which the
court filed an opinion on April
20, 1916, was a similar bill for the same
relief, and the record in this case shows
that the motion for an injunction in
the Dunno case was set for the same
day as the motion in this case In
that case the court denied motions to |
the defendants to plead and to |
strike affidayits filed by the defendants |
from the files, and dismissed the bill. |
In that case the affidavits were contra
dictory to the bill, and it was held that |
they could not be received for that |
purpose till the bill had been answered. |
For the reasons stated by the supreme |
court in that opinion the court below
erred in this case in refusing to rule
the defendants to plead and in refus
ing to strike from the files the aft
lavits filed by defendants. 1t was
therefore held that upon the denial of
The injunction, the court should not
dismiss such bill before any pleading
by defendants, unless it appeared from
he bill that it could not be so amended /
as to state a case in equity. In this 1
case, leaving out Of consideration all \
other allegations Of the bill upon
which prayer for relief is based, this H
dill charged that the county of Rock
sland was indebted beyond the consti-
utional limit and that the cost of the
lew Jail and other matters intended to
re built in connection Herewith would
)e so great that, even with the avails
If the bond issue which the people had
-oted, still the Indebtedness to be ere
tied by said work would be beyond the
authority of the county
o create These allegations, if true,
would justify the relief. 1t may be
hey are too general and should set out
he amount of the county's indebted
Tess, the assessed value of its taxable
and should show in greater
etail that the building of the new
all would involve the county in an I'M
Constitutional debt; but If il was too
eneral. it could be amended. and the I
Legations were sufficient in that re- ,
pect unless questioned by demurrer.