McChesney v. City of Chicago
Illinois Supreme Court
Appeal from the County Court of Cook county; the Hon. O. N. Carter, Judge, presiding. On December 21, 1893, the city filed its petition for the assessment of the cost of constructing and laying a water supply-pipe on Yates avenue between Seventy-first and Seventy-fifth streets, based upon an ordinance dated November 20, 1893, for a six-inch cast-iron water supply-pipe, of a weight of thirty-seven pounds per lineal foot, eight fire hydrants, two valves and a cross, as…
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Appeal from the County Court of Cook county; the Hon. O. N. Carter, Judge, presiding. On December 21, 1893, the city filed its petition for the assessment of the cost of constructing and laying a water supply-pipe on Yates avenue between Seventy-first and Seventy-fifth streets, based upon an ordinance dated November 20, 1893, for a six-inch cast-iron water supply-pipe, of a weight of thirty-seven pounds per lineal foot, eight fire hydrants, two valves and a cross, as described. Appellants filed a written motion to dismiss, (which was overruled,) upon the ground that the matters sought to be…
1Opinion of the CourtJustice Magruder
We think that the motion to dismiss made by the-appellants should have been granted. The former judgment, confirming an assessment for the same improvement involved in this proceeding, which was rendered on January 7, 1893, and affirmed by this court in an opinion filed on October 29, 1894, and reported in McChesney v. City of Chicago, 152 Ill. 543, is res judicata.
It is true, that the ordinance of July 11, 1892, upon which the former assessment was based, was repealed by the common council on November 20, 1893, while an appeal from the judgment of January 7, 1893, confirming the said…
2Cases cited6 opinions
- Kelly v. City of ChicagoIllinois Supreme Court · 1893
- Andrews v. PeopleIllinois Supreme Court · 1874
- Chicago, Rock Island & Pacific Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
- Union Building Ass'n v. City of ChicagoIllinois Supreme Court · 1871
- Greeley v. Town of CiceroIllinois Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rich v. City of ChicagoIllinois Supreme Court · 1900
- Oskvarek v. RichterAppellate Court of Illinois · 1961
- People ex rel. McCornack v. McWethyIllinois Supreme Court · 1896
- City of Chicago v. WilloughbyIllinois Supreme Court · 1911
- Markley v. City of ChicagoIllinois Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.