People ex rel. Talbot Paving Co. v. City of Pontiac
Illinois Supreme Court
Original petition for mandamus. This is a petition for mandamus to require the city of Pontiac to make a new assessment to'pay the balance due petitioner, a contractor, for the construction of a local improvement under an ordinance of the city which had been held invalid by this court after the improvement had been constructed.
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Original petition for mandamus. This is a petition for mandamus to require the city of Pontiac to make a new assessment to'pay the balance due petitioner, a contractor, for the construction of a local improvement under an ordinance of the city which had been held invalid by this court after the improvement had been constructed. The facts alleged in the petition and admitted by the demurrer show that on June 27, 1895, the city of Pontiac passed an ordinance providing for the improvement of parts of certain streets in said city. A copy of said ordinance is made a part of the petition. This…
1Opinion of the CourtJustice Craig
By an act of the legislature approved June 19, 1897, the law in regard to local improvements was changed. By the repealing clause of the new act the law then subsisting continued to govern as to all proceedings relating to local improvements then pending in any court. (Laws of 1897, p. 135.) Here the proceedings were pending when the act of 1897 became a law, consequently the law in force in 1895 must control in this case. Section 46 of article 9 of the City and Village act (Hurd’s Stat. 1889, p. 267,) provides: “If any assessment shall be annulled by the city council or board of trustees, or…
2Cases cited4 opinions
- Ricketts v. Village of Hyde ParkIllinois Supreme Court · 1877
- Wilbur v. City of SpringfieldIllinois Supreme Court · 1888
- City of Carlyle v. County of ClintonIllinois Supreme Court · 1892
- Freeport Street Railway Co. v. City of FreeportIllinois Supreme Court · 1894
3Cited by12 opinions
- Conway v. City of ChicagoIllinois Supreme Court · 1908
- City of Alton v. FosterIllinois Supreme Court · 1904
- Edwards v. CooperIndiana Supreme Court · 1907
- Farrell v. City of ChicagoIllinois Supreme Court · 1902
- Renville State Bank v. KinsbergSouth Dakota Supreme Court · 1918
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