Culver v. People ex rel. Kochersperger
Illinois Supreme Court
Appeal from the County Court of Cook county; the Hon. Charles. H. Donnelly, Judge, presiding. This is an appeal from a judgment of the county court of Cook county for the sale of certain lots of appellant, for the first and second installments of a special assessment levied by the town of West Chicago, at the request of the Board of West Chicago Park Commissioners, for the improvement of Douglas boulevard.
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Appeal from the County Court of Cook county; the Hon. Charles. H. Donnelly, Judge, presiding. This is an appeal from a judgment of the county court of Cook county for the sale of certain lots of appellant, for the first and second installments of a special assessment levied by the town of West Chicago, at the request of the Board of West Chicago Park Commissioners, for the improvement of Douglas boulevard. In the original proceeding for the confirmation of the assessment, the appellant did not appear, and default was taken against her; in the present application by the county collector for…
1Opinion of the CourtJustice Magruder
Upon this application to the county court for judgment upon the delinquent list, one of the objections made by appellant was, that the ordinance, lying at the foundation of the original assessment proceeding, was illegal, invalid and void for several reasons. One of these reasons was, that the ordinance provided, that the special assessment should be divided into installments. It was also objected, that the judgment of confirmation of the assessment was not in conformity with the law, and was invalid.
The rule, that the judgment of a court acting without jurisdiction is void and may be…
2Cases cited13 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Harris v. . WhiteNew York Court of Appeals · 1880
- Jones v. DexterSupreme Court of Florida · 1859
- Gage v. ParkerIllinois Supreme Court · 1882
- Snell v. City of ChicagoIllinois Supreme Court · 1890
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3Cited by62 opinions
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- People ex rel. Cant v. CrossleyIllinois Supreme Court · 1913
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- People Ex Rel. Carlstrom v. ShurtleffIllinois Supreme Court · 1933
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