Lyman v. City of Chicago
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. The complainant, David B. Lyman,- receiver of the Third National Bank of Chicago, insolvent, filed his bill in the superior court of Cook county for the purpose of setting aside certain special assessment proceedings in the county court of that county, and for an injunction to restrain the sale of property described in the bill to pay a special assessment.
Read the full summary
Writ of Error to the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. The complainant, David B. Lyman,- receiver of the Third National Bank of Chicago, insolvent, filed his bill in the superior court of Cook county for the purpose of setting aside certain special assessment proceedings in the county court of that county, and for an injunction to restrain the sale of property described in the bill to pay a special assessment. A general demurrer was filed to the bill as amended, and it was sustained by the court and the bill dismissed for want of equity. The case is now…
1Opinion of the CourtJustice Wilkin
This is a collateral attack upon the assessment proceedings and judgment of confirmation set forth in the bill. It is fundamental that the aid of equity can only be invoked in the absence of an adequate legal remedy. Equity will interfere by injunction to prevent the collection of a special assessment only where the same is void or levied without authority of law, or the property assessed is exempt from taxation. A special assessment will not be enjoined because the improvement is not made in conformity with the provisions of the ordinance, the remedy being by mandamus. Heinroth v.…
2Cases cited2 opinions
- Heinroth v. KocherspergerIllinois Supreme Court · 1898
- Gage v. People ex rel. HanbergIllinois Supreme Court · 1903
3Cited by8 opinions
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- Mushbaugh v. Village of East PeoriaIllinois Supreme Court · 1913
- Davis v. Board of Commr. of Lincoln CountySupreme Court of Oklahoma · 1913
- Cosgrove v. City of ChicagoIllinois Supreme Court · 1908
- People ex rel. Rock Island County v. LyonsAppellate Court of Illinois · 1912
3 more not listed; retrieve them via the Exa API.