Legal Opinion

City of Chicago v. Hulbert

Illinois Supreme Court

Decided October 26, 1903PublishedCited by 12 opinions

Appeal from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. In July, 1895, an ordinance was passed for the local improvement of a certain portion of Diversey street, in the city of Chicago, by curbing with limestone curbstones and filling and paving with cedar blocks upon hemlock plank foundation. On November 15, 1895, the appellant filed its petition in the county court for the making and confirmation of an assessment for such improvement.

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Appeal from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. In July, 1895, an ordinance was passed for the local improvement of a certain portion of Diversey street, in the city of Chicago, by curbing with limestone curbstones and filling and paving with cedar blocks upon hemlock plank foundation. On November 15, 1895, the appellant filed its petition in the county court for the making and confirmation of an assessment for such improvement. The estimated cost of the improvement was $25,536.43. The assessment was levied, and a large number of persons, including…

1Opinion of the CourtJustice Ricks

A motion was made in this court to dismiss this appeal for want of jurisdiction, upon' the ground, first, that appellant had no right of appeal; and secondly, upon the ground that the judgment of the county court entered July 3, 1901, sustaining objections to the assessment under the original ordinance, pursuant to the remanding order of this court, was res judicata.

In support of their motion to dismiss, appellees cite and rely upon sections 95 and 96 of the act of 1897, in relation to local improvements by special assessments and special taxation. (Hurd’s Stat. 1901, p. 399.) Section'95…

2Cases cited5 opinions

  1. City of Bloomington v. ReevesIllinois Supreme Court · 1898
  2. West Chicago Park Commissioners v. FarberIllinois Supreme Court · 1897
  3. Kuester v. City of ChicagoIllinois Supreme Court · 1900
  4. Markley v. City of ChicagoIllinois Supreme Court · 1901
  5. Blount v. People ex rel. RaymondIllinois Supreme Court · 1900

3Cited by12 opinions

  1. City St. Improvement Co. v. KrohCalifornia Supreme Court · 1910
  2. City of Geneseo v. SchultzIllinois Supreme Court · 1913
  3. Raich v. TruaxDistrict Court, D. Arizona · 1915
  4. State v. City of SeattleWashington Supreme Court · 1913
  5. Blackhawk Construction Co. v. Village of HomewoodIllinois Supreme Court · 1931

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