Legal Opinion

Pease v. City of Chicago

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 7 opinions

This was a proceeding under a special assessment warrant of the city of Chicago. Joseph N. Hendricks, city collector, filed in the Cook County Court of Common Pleas, his report, warrant, assessment roll, return, and notice of sale.

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This was a proceeding under a special assessment warrant of the city of Chicago. Joseph N. Hendricks, city collector, filed in the Cook County Court of Common Pleas, his report, warrant, assessment roll, return, and notice of sale. The report states that special warrants, attached, duly issued and signed, were delivered to him, on or before the second Tuesday of October, 1858. That he published in corporation paper, notices, for thirty days, of the receipt of said warrants, and that, in default of payment, the taxes and assessments therein mentioned, would be collected, etc.. That he has…

1Opinion of the CourtCaton, C. J.

There is one question demanding the first consideration in all these cases involving the levy of taxes and assessments by the Common Council of the city of-Chicago. The counsel for the city object, that the Court of Common Pleas could not inquire into the regularity of the action of the Common Council, nor even into the question of their jurisdiction in the proceedings which we are now called upon to review, and that the only mode in which those matters can be properly inquired into by the courts, is on a return to a common law writ of certiorari. If this be so it puts an end to all further…

2Cited by7 opinions

  1. Comrs. of Mason v. GriffinIllinois Supreme Court · 1890
  2. Maher v. City of ChicagoIllinois Supreme Court · 1865
  3. Foss v. City of ChicagoIllinois Supreme Court · 1870
  4. Ricketts v. Village of Hyde ParkIllinois Supreme Court · 1877
  5. Boynton v. People ex rel. KernIllinois Supreme Court · 1896

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