MUNICIPAL AND PUBLIC BONDS, § 20 — improper application of appropriated funds, hearing on merits. Where taxpayers in chancery action sought other relief, but more specifically to enjoin issuance and enforcement of judgment funding bonds by municipality for purpose of paying town's judgment creditors, where adequate appropriations had been previously made and collected by town's officers to pay it's obligations, and where there was controversy as to whether certain judgments were fraudulent, and whether there was collusive action on part of town's officers in attempting bond issue in making payment of partially valid and partially fraudulent claims of judgment creditors, trial court's granting of judgment creditor's motion to dismiss was error, since hearing on merits of issues of fraud and collusion affecting municipality was thereby precluded.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE SCANLAN.
"Not to be published in full." Opinion filed November 28, 1941; rehearing denied December 10, 1941.