Legal Opinion

Doremus v. City of Chicago

Illinois Supreme Court

Decided October 24, 1904PublishedCited by 1 opinion

Appear from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. On January 8,1893, the city council of the city of Chicago passed an ordinance for the improvement of West Madison street from Crawford avenue to West Forty-sixth street. A petition was filed in the county court for the levy of a special assessment to pay for the same, and on July 11, 1893, a judgment of confirmation was rendered.

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Appear from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. On January 8,1893, the city council of the city of Chicago passed an ordinance for the improvement of West Madison street from Crawford avenue to West Forty-sixth street. A petition was filed in the county court for the levy of a special assessment to pay for the same, and on July 11, 1893, a judgment of confirmation was rendered. The city proceeded to let the contract and complete the work. At the July term, 1895, of said county court application was made by the county collector for judgment and order of…

1Opinion of the CourtJustice Wieicin

It is insisted by the city, appellee, that the action of the county court in refusing judgment and order of sale in 1895 was, in effect, a setting aside of the original assessment, rendering the confirmation void, and thus authorized appellee to pass a new ordinance and levy a new assessment under section 57 of the Local Improvement act of June 14, 1897. On the other hand, it is insisted by appellants that the proceedings to make the new assessment could only have been under the provisions of section 60 of the act of 1897, and that under it the new assessment was void because not made within…

2Cases cited4 opinions

  1. McChesney v. City of ChicagoIllinois Supreme Court · 1896
  2. People ex rel. McCornack v. McWethyIllinois Supreme Court · 1896
  3. Murray v. City of ChicagoIllinois Supreme Court · 1898
  4. City of Chicago v. NicholesIllinois Supreme Court · 1901

3Cited by1 opinion

  1. Brown v. PortlandOregon Supreme Court · 1920

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