Clayburgh v. City of Chicago

This was an action on the case, for negligence in the city council, for failing to collect an assessment levied, to compensate plaintiff for damages sustained by reason of opening a street over his lot. To the declaration the • defendant filed a demurrer, which was sustained by the court below, and a judgment rendered. against the plaintiff, to reverse which he prosecutes this writ of error.

In affirmance of the judgment it is urged that the only remedy is by mandamus to compel the city authorities to proceed in the discharge of their duty. The rule seems to be well settled, that corporations…