Phelps v. City of Mattoon

The county court of Coles county entered judgment by default confirming a special assessment levied by the city of Mattoon for the paving and draining of C street.

The ordinance divided the assessment into seven yearly installments, but the court, by its judgment, divided it into five installments, in the same manner as in the judgment reversed in the case of Michael v. City of Mattoon, 172 Ill. 394. This judgment was therefore erroneous for the reasons given in that case. In addition to that error, the report of the committee appointed by the ordinance to estimate the cost of the improvement…