City of Chicago v. McGovern
Illinois Supreme Court
• Appear from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. TuThirr, Judge, presiding. Appellee brought suit in assumpsit in the circuit court of Cook county against appellant and filed a declaration containing only the common counts. Appellant interposed the general issue, to which appellee filed a similiter.
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• Appear from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. TuThirr, Judge, presiding. Appellee brought suit in assumpsit in the circuit court of Cook county against appellant and filed a declaration containing only the common counts. Appellant interposed the general issue, to which appellee filed a similiter. The case was then submitted to the court for trial without a jury upon a stipulation of facts, the substance of which is as follows: Subsequent to July 1, 1903, the city of Chicago passed certain…
1Opinion of the CourtChief Justice Scott
In McChesney v. City of Chicago, 213 Ill. 592, we held that section 42 of the Local Improvement act, as amended in 1903, does not authorize the city council to provide for •the collection of interest upon special assessments not divided into installments, and that in the absence of statutory authority the city council has no right to require the payment of interest upon such assessments, as interest is never allowed unless given by statute. Appellant relies upon this decision in support of its contention that the promise sued on is void, and that the money collected as interest, and now in…
2Cases cited4 opinions
- Elston v. City of ChicagoIllinois Supreme Court · 1866
- Scammon v. City of ChicagoIllinois Supreme Court · 1867
- McChesney v. City of ChicagoIllinois Supreme Court · 1905
- City of Chicago v. StuartIllinois Supreme Court · 1869
3Cited by2 opinions
- Getz v. City of HarveyCourt of Appeals for the Seventh Circuit · 1941
- Schoden v. SchaeferAppellate Court of Illinois · 1913