Legal Opinion

People ex rel. Kochersperger v. Cook

Illinois Supreme Court

Decided June 17, 1899PublishedCited by 4 opinions

Appeal from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. This is an application, made at the July term, 1898, of the county court of Cook county for judgment and order of sale by the county collector of that county ag'ainst lands delinquent for the non-payment of taxes and special assessments.

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Appeal from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. This is an application, made at the July term, 1898, of the county court of Cook county for judgment and order of sale by the county collector of that county ag'ainst lands delinquent for the non-payment of taxes and special assessments. The appellee appeared, and filed objections to the entering of judgment and to the ordering of.sale against his property, which objections were sustained, and the judgment and order of sale were refused by the county court. The present appeal is prosecuted to reverse such…

1Opinion of the CourtJustice Magruder

In the present case, the property specially assessed was a tract of land, which was unsubdivided. The ordinance attempts to subdivide this tract of land, thus legally unsubdivided, into parcels for the purpose of placing in each parcel a drain. The attempt is made to arbitrarily subdivide the property into parcels of land, each about twenty-five feet in width, for the purpose of the assessment, and for no other purpose. Property must be specially assessed under its known legal description. An ordinance, which arbitrarily subdivides property for the purpose of assessing the same, is illegal…

2Cases cited3 opinions

  1. People ex rel. Kochersperger v. CliffordIllinois Supreme Court · 1897
  2. Warren v. City of ChicagoIllinois Supreme Court · 1887
  3. Cram v. City of ChicagoIllinois Supreme Court · 1891

3Cited by4 opinions

  1. City of Chicago v. WellsIllinois Supreme Court · 1908
  2. Vandersyde v. People ex rel. RaymondIllinois Supreme Court · 1901
  3. Vennum v. People ex rel. GallowayIllinois Supreme Court · 1900
  4. Vandersyde v. People ex rel. RaymondIllinois Supreme Court · 1901

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