Legal Opinion

People ex rel. Miller v. Sherman

Illinois Supreme Court

Decided September 15, 1876PublishedCited by 16 opinions

Appeal from the County Court of Cook county; the Hon. Martin M. R. Wallace, Judge, presiding. This was an application by Henry B. Miller, collector of Cook county, for judgment.against certain lots and real éstate in the village of Hyde Park, for the first ten installments upon a special assessment to lay cast-iron water supply pipes in said village. The county court refused judgment on the ground that the ordinance under which the assessment was made, was void.

1Opinion of the Court

Hr. Justice Scott

delivered the opinion of the Court:

Express authority is given in the constitution to the General Assembly to invest the corporate authorities of cities, towns and villages with power to make local improvements by special assessments, or by special taxation of contiguous property, or otherwise.

A general law has been enacted conferring the powers indicated upon the corporate authorities of cities, towns and villages, to be exercised as shall, by ordinance, be prescribed. Among other provisions, it is declared, in a general law on this subject, “the expenses of locating,…

2Cases cited1 opinion

  1. Weckler v. City of ChicagoIllinois Supreme Court · 1871

3Cited by16 opinions

  1. Nicholes v. People ex rel. KocherspergerIllinois Supreme Court · 1897
  2. Village of Hyde Park v. BordenIllinois Supreme Court · 1879
  3. Ricketts v. Village of Hyde ParkIllinois Supreme Court · 1877
  4. People Ex Rel. Akin v. Southern Gem Co.Illinois Supreme Court · 1928
  5. Village of Morgan Park v. WiswallIllinois Supreme Court · 1895

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