Green v. City of Springfield
Illinois Supreme Court
Appeal from the County Court of Sangamon county; the Hon. James H. Matheny, Judge, presiding. The first question is, does the ordinance make a special tax levy. In City of Sterling v. Galt, 117 Ill. 11, this court clearly intimates that the ordinance must fix the amount. A tax levy imports the ascertainment and fixing of the amount to be raised. This is essential to a valid levy.
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Appeal from the County Court of Sangamon county; the Hon. James H. Matheny, Judge, presiding. The first question is, does the ordinance make a special tax levy. In City of Sterling v. Galt, 117 Ill. 11, this court clearly intimates that the ordinance must fix the amount. A tax levy imports the ascertainment and fixing of the amount to be raised. This is essential to a valid levy. Moore v. Foote, 32 Miss. 469. Until the report of the committee, of the cost, had been made to and approved by the city council, there was no basis of a tax levy. The ordinance was but a preliminary, when its…
1Opinion of the CourtJustice Bailey
This is an appeal from an order of the County Court of Sangamon county, confirming a special tax levied upon the property of the appellants, for the purpose of paying the expense of paving certain streets and alleys of the city of Springfield. • This is the second time the case has been before this court. The former appeal was brought by the city of Springfield, and was from an order of the county court sustaining certain objections to said tax and ordering the same to be annulled and the proceeding dismissed. Upon full consideration of the questions then presented, said former order was…
2Cases cited3 opinions
- City of Springfield v. GreenIllinois Supreme Court · 1887
- City of Sterling v. GaltIllinois Supreme Court · 1886
- Enos v. City of SpringfieldIllinois Supreme Court · 1885
3Cited by13 opinions
- Rich v. City of ChicagoIllinois Supreme Court · 1894
- West v. DouglasIllinois Supreme Court · 1893
- People ex rel. Zilm v. CarrIllinois Supreme Court · 1914
- Ryder Estate v. City of AltonIllinois Supreme Court · 1898
- Harris v. HamiltonCourt of Appeals of Texas · 1921
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