Legal Opinion

Boynton v. People ex rel. Kern

Illinois Supreme Court

Decided January 20, 1896PublishedCited by 10 opinions

Appeal from the County Court of Cook county; the Hon. Frank Scales, Judge, presiding. This is an appeal from the order or judgment of the county court of Cook county for the sale of a lot of appellant, delinquent for the non-payment of a special assessment levied on said lot for the construction of a cement sidewalk on both sides of Michigan avenue, from Fifty-fifth street to Sixty-third street. Two objections were filed to the rendition of judgment.

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Appeal from the County Court of Cook county; the Hon. Frank Scales, Judge, presiding. This is an appeal from the order or judgment of the county court of Cook county for the sale of a lot of appellant, delinquent for the non-payment of a special assessment levied on said lot for the construction of a cement sidewalk on both sides of Michigan avenue, from Fifty-fifth street to Sixty-third street. Two objections were filed to the rendition of judgment. The first of these it will be unnecessary to mention. The second was as follows: “The land upon which the said improvement was proposed to be…

1Opinion of the CourtJustice Baker

This court has held in numerous cases that the owner of property specially assessed for a local improvement cannot, when application is made for confirmation of the assessment, interpose the objection that the municipal corporation has not acquired title to the ground or land upon which the improvement has been or is to be made. Village of Hyde Park v. Borden, 94 Ill. 26; Holmes v. Village of Hyde Park, 121 id. 128; Hunerberg v. Village of Hyde Park, 130 id. 156; Leman v. City of Lake View, 131 id. 388; Goodwillie v. City of Lake View, 137 id. 51; Burhans v. Village of Norwood Park, 138 id.…

2Cases cited3 opinions

  1. Village of Hyde Park v. BordenIllinois Supreme Court · 1879
  2. Pease v. City of ChicagoIllinois Supreme Court · 1859
  3. City of Bloomington v. BlodgettAppellate Court of Illinois · 1887

3Cited by10 opinions

  1. People ex rel. Raymond v. WhiddenIllinois Supreme Court · 1901
  2. People Ex Rel. Ammann v. DipperIllinois Supreme Court · 1945
  3. People ex rel. McCornack v. McWethyIllinois Supreme Court · 1896
  4. City of Springfield ex rel. Bank of Commerce v. BaxterMissouri Court of Appeals · 1914
  5. Dempster v. City of ChicagoIllinois Supreme Court · 1898

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