Stone v. City of Chicago
Illinois Supreme Court
Writ of Error to the County Court of Cook county; the Hon. W. H. Hinebaugh, Judge, presiding. On March 24, 1902, the city of Chicago filed its petition in the county court of Cook county for a supplemental or new assessment, under the law of 1897, for the purpose of collecting the unpaid balance of the cost of improving Hamlin avenue from Chicago avenue to North avenue. This is the fourth time this proceeding has been before this court.
Read the full summary
Writ of Error to the County Court of Cook county; the Hon. W. H. Hinebaugh, Judge, presiding. On March 24, 1902, the city of Chicago filed its petition in the county court of Cook county for a supplemental or new assessment, under the law of 1897, for the purpose of collecting the unpaid balance of the cost of improving Hamlin avenue from Chicago avenue to North avenue. This is the fourth time this proceeding has been before this court. On the first occasion a writ of error was sued out to reverse the original judgment of confirmation upon the ground that the ordinance was insufficient. Under…
1Opinion of the CourtJustice Wilkin
A motion has been made by defendant in error to dismiss the writ of error for failure to file the affidavit required by section 96 of the act of 1897.
The original petition for the first assessment was filed under the Special Assessment law of 1872. Under section 46 of article 9 of that act a party aggrieved had the right to a writ of error without the statutory notice required by the act of 1897, but on July 1, 1897, a new special assessment law went into effect, taking the place of the act of 1872. Section 96 of the new act provided that in every case there shall be filed with the clerk of…
2Cases cited2 opinions
- Hart Bros. v. West Chicago Park CommissionersIllinois Supreme Court · 1900
- City of Chicago v. ShermanIllinois Supreme Court · 1904