Wheeler v. City of Chicago
Illinois Supreme Court
This was an action of assumpsit, brought by the plaintiff in error against the defendant in error, in the Cook County Court of Common Pleas, (now Superior Court of Chicago,) to recover of the defendant the sum of fifteen thousand five hundred and forty-five dollars, which the plaintiff claims that the city owes him for damages which commissioners, appointed by the city of Chicago to estimate the benefits and damages to the owners of ' property by the opening and extending of…
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This was an action of assumpsit, brought by the plaintiff in error against the defendant in error, in the Cook County Court of Common Pleas, (now Superior Court of Chicago,) to recover of the defendant the sum of fifteen thousand five hundred and forty-five dollars, which the plaintiff claims that the city owes him for damages which commissioners, appointed by the city of Chicago to estimate the benefits and damages to the owners of ' property by the opening and extending of South LaSalle street, from its present termination at Madison street, to Jackson street, awarded him. The declaration…
1Opinion of the Court
Catón, C. J.
We have no difficulty in saying that an action may be maintained upon the implied assumpsit of the city, to collect the assessment and to pay the amount awarded to property holders, for opening a street; but the most embarrassing question in these cases is to determine whether these declarations show that the proceedings were regular for opening this street, and the levy of this assessment, and this depends upon the construction to be given to the word shall, in the last sentence of the tenth section of the sixth chapter of the city charter. The sentence is this : “ when…
2Cases cited1 opinion
- Colt v. EvesSupreme Court of Connecticut · 1837
3Cited by31 opinions
- Davis v. State ex rel. WrenCourt of Appeals of Texas · 1889
- Stackpole v. HallahanMontana Supreme Court · 1895
- Woolridge v. McKennaUnited States Circuit Court · 1881
- Clark v. PattersonIllinois Supreme Court · 1905
- Cake v. City of Los AngelesCalifornia Supreme Court · 1913
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