Legal Opinion

Elston v. City of Chicago

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 40 opinions

Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. The opinion of the court contains a statement of the ease.

1Opinion of the CourtJustice Breese

This was an action of assumpsit for money had and received, laid out and expended, etc., brought by Robert R. Clark and others against the city of Chicago, in the Superior Court of that city, to recover back money paid by them to the city on an assessment for deepening the Chicago river, and for interest on the sum paid. The plea was the general issue. The cause was tried by the court without a jury, and judgment for costs for the city. To reverse this judgment, the plaintiffs appeal to this court.

The points made by appellants are, that the city had no authority to make an assessment to…

2Cases cited3 opinions

  1. Lazell v. MillerMassachusetts Supreme Judicial Court · 1818
  2. Wright v. City of ChicagoIllinois Supreme Court · 1858
  3. Ogden v. City of ChicagoIllinois Supreme Court · 1859

3Cited by40 opinions

  1. Orsini v. Industrial CommissionIllinois Supreme Court · 1987
  2. Smith v. Prime Cable of ChicagoAppellate Court of Illinois · 1995
  3. Illinois Glass Co. v. Chicago Telephone Co.Illinois Supreme Court · 1908
  4. Yates v. Royal InsuranceIllinois Supreme Court · 1902
  5. Richardson Lubricating Co. v. KinneyIllinois Supreme Court · 1929

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