Opinion
Gen. No. 41,119. (Abstract of Decision.)
Opinion filed November 26, 1940 Rehearing denied and opinion slightly modified January 8, 1941
MUNICIPAL CORPORATIONS, § 412 — mandamus to collect judgment. Mandamus was properly awarded judgment creditor of city of Chicago to compel payment of judgment, where city had improperly used money appropriated to pay judgments in order to pay back salaries of retired policemen and firemen, although mandamus in that action did not purport to require city to pay money out of funds appropriated for another purpose, plaintiff's claim was prior to that claim, and plaintiff's claim was next in order of payment where no other creditors were equally diligent in seeking payment.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.
Affirmed. Heard in second division, first district, this court at February term, 1940.
Barnet Hodes, Corporation Counsel, for appellants;
Sydney R. Drebin and J. Herzl Segal, Assistant Corporation Counsel, of counsel;
Markman, Donovan Sullivan, for appellee;
John P. Sullivan and Henry O. Nickel, of counsel.
"Not to be published in full." Opinion filed November 26, 1940; rehearing denied and opinion slightly modified January 8, 1941.