Legal Opinion

City of Chicago v. Brede

Illinois Supreme Court

Decided December 20, 1905PublishedCited by 16 opinions

Appear from the Appellate Court for the First District ;■—■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. TurEy, Judge, presiding. The appellee filed his bill in the circuit court of Cook county against appellants to enjoin the expenditure of $150,-000 for the year 1905 by the board of local improvements for the purchase of improvement bonds issued upon special assessments.

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Appear from the Appellate Court for the First District ;■—■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. TurEy, Judge, presiding. The appellee filed his bill in the circuit court of Cook county against appellants to enjoin the expenditure of $150,-000 for the year 1905 by the board of local improvements for the purchase of improvement bonds issued upon special assessments. The bill alleged that pursuant to the Local Improvement act of 1897 the city of Chicago made many local improvements and issued bonds from time to time for the purpose of paying…

1Opinion of the CourtJustice Wilkin

The one question for determination is, whether the city of Chicago possesses the power to pay or purchase improvement bonds, coupons and vouchers issued in payment of local improvements constructed by special assessment, where the ordinance authorizing the local improvement provides that it shall be paid for by special assessment.

It is insisted by appellants that pursuant to section 9 of article 9 of the constitution of 1870 the legislature passed the Local Improvement act of 1897, section 1 of which authorizes cities, villages and towns to make local improvements by special assessment,…

2Cases cited2 opinions

  1. Wilson v. Board of TrusteesIllinois Supreme Court · 1890
  2. Kuehner v. City of FreeportIllinois Supreme Court · 1892

3Cited by16 opinions

  1. Berman v. Board of EducationIllinois Supreme Court · 1935
  2. Harbold v. ReadingSupreme Court of Pennsylvania · 1946
  3. Montague-O'Reilly v. Town of MilwaukieOregon Supreme Court · 1920
  4. Midland Lumber Co. v. City of Dallas CityIllinois Supreme Court · 1916
  5. City of Jacksonville v. Bankers Life Co.Court of Appeals for the Seventh Circuit · 1937

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