Murr v. City of Naperville
Illinois Supreme Court
Appeal from the County Court of DuPage county; the Hon. L. C. Ruth, Judge, presiding. This is a proceeding in the county court of DuPage county for the confirmation of a special assessment of the city of Naperville for the construction of a connected system of cast-iron water pipes, with hydrants and valves, in the streets, alleys and avenues of said city.
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Appeal from the County Court of DuPage county; the Hon. L. C. Ruth, Judge, presiding. This is a proceeding in the county court of DuPage county for the confirmation of a special assessment of the city of Naperville for the construction of a connected system of cast-iron water pipes, with hydrants and valves, in the streets, alleys and avenues of said city. The petition to the county court for the levy of the special assessment for said improvement was filed on September 3, 1903, and set forth an ordinance of the city council of Naperville, passed on July 31, 1903, for the construction of said…
1Opinion of the CourtJustice Magruder
Among the objections, made by the appellants in the trial court to the confirmation of the assessment, was the objection that W. S. Shields, who made the assessment, was not a proper and competent person to act as commissioner by reason of the fact that he was pecuniarily interested in making the estimate of the cost of the improvement, and the special assessment thereof.
Section 38 of the act of June 14, 1897, “concerning local improvements,” provides as follows: “Upon the filing" of such petition, the superintendent of special assessments, in cities where such officer is provided for by this…
2Cases cited3 opinions
- Shreve v. Town of CiceroIllinois Supreme Court · 1889
- Hunt v. City of ChicagoIllinois Supreme Court · 1871
- Chase v. City of EvanstonIllinois Supreme Court · 1893
3Cited by4 opinions
- Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
- Commissioners of Union Drainage District No. 1 v. SmithIllinois Supreme Court · 1908
- Betts v. City of NapervilleIllinois Supreme Court · 1905
- Harmon Drainage District No. 2 v. ParkerAppellate Court of Illinois · 1916