Commissioners of Fountain Head Drainage District v. Wright
Illinois Supreme Court
Appeal from the County Court of Champaign county; the Hon. T. J. Roth, Judge, presiding. This is an appeal from the judgment of the county court of Champaign county sustaining a motion in arrest of judgment made by appellees. This motion was made the same day that the order was entered overruling the objection to the confirmation of an additional or second assessment on the lands of said district to pay for completing the work originally planned.
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Appeal from the County Court of Champaign county; the Hon. T. J. Roth, Judge, presiding. This is an appeal from the judgment of the county court of Champaign county sustaining a motion in arrest of judgment made by appellees. This motion was made the same day that the order was entered overruling the objection to the confirmation of an additional or second assessment on the lands of said district to pay for completing the work originally planned. The first original assessment of about $28,000 was levied in 1905, under what is known as the Levee act, approved and in force in 1879. (Hurd’s…
1Opinion of the CourtJustice Carter
Only those errors which appear on the face of the record, or those matters which should, but do not, appear on the face of the record, can be urged in arrest of judgment. (2 Ency. of Pl. & Pr. p. 794.) A motion in arrest of judgment is based on the record proper, and in considering such a motion the court does not look into the evidence. (Danley v. Hibbard, 222 Ill. 88; 23 Cyc. 824.) A judgment is never arrested except for intrinsic cause appearing on the face of the record, and it must be a defect that cannot be waived, and the record must show that there is no substantial cause of action.…
2Cases cited11 opinions
- Grand Pacific Hotel Co. v. PinkertonIllinois Supreme Court · 1905
- Danley v. HibbardIllinois Supreme Court · 1906
- Winkelmann v. Moredock & Ivy Landing Drainage DistrictIllinois Supreme Court · 1897
- Smith v. CurryIllinois Supreme Court · 1854
- Lovell v. Sny Island Levee Drainage DistrictIllinois Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Scott v. Freeport Motor Casualty Co.Illinois Supreme Court · 1945
- Commissioners of Sny Island Levee Drainage District v. ShawIllinois Supreme Court · 1911
- Vandalia Levee & Drainage District v. HutchinsIllinois Supreme Court · 1908
- The People v. FoxIllinois Supreme Court · 1931
- Schafer v. GerbersIllinois Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.