Legal Opinion

City of Chicago v. Weber

Appellate Court of Illinois

Decided May 6, 1901PublishedCited by 2 opinions

Action Ex Delicti!, for dismissing a proceeding for collecting a special assessment, etc. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in this court at 'the October term, 1900. Statement.—Appellee sued appellant in case.

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Action Ex Delicti!, for dismissing a proceeding for collecting a special assessment, etc. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in this court at 'the October term, 1900. Statement.—Appellee sued appellant in case. The decla-ration contains six counts, the first of which, omitting the ,formal commencement, is as follows: “ For that whereas, on the sixteenth day of November, 1892, the village of Rogers Park, being then and there a municipal corporation in the county of Cook and State of Illinois, organized and existing under and by virtue…

1Opinion of the Court

Mr. Presiding Justice Adams

delivered the opinion of the court.

The question presented by this record is, whether or not the court erred in overruling appellant’s demurrer to appellee’s declaration. The gist of the plaintiff’s action is, as alleged in each count of the declaration, that the city, in willful disregard of the rights of the holders of the warrants set out in the declaration, and without making any provision for the payment thereof, wrongfully caused the petitions to be dismissed, and all proceedings in relation to the assessments to be abandoned.

That this is the gist of the action…

2Cases cited4 opinions

  1. State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
  2. City of Chicago v. BarbianIllinois Supreme Court · 1875
  3. City of Chicago v. ShepardAppellate Court of Illinois · 1881
  4. Kimble v. City of PeoriaIllinois Supreme Court · 1892

3Cited by2 opinions

  1. Morrilton Waterworks Improvement District v. EarlSupreme Court of Arkansas · 1903
  2. St. Louis S. F. R. Co. v. City of AdaSupreme Court of Oklahoma · 1917

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