Legal Opinion

City of Alton v. Foster ex rel. Alton Stoneware Pipe Co.

Appellate Court of Illinois

Decided March 1, 1898PublishedCited by 2 opinions

Assumpsit.—Work, labor and materials. Appeal from the Circuit Court of Madison County; the Hon. Benjamin R. Burroughs, Judge, presiding.

1Opinion of the CourtJustice Worthington

The issues presented are questions of law. Section 49 of article 9 of the general act for the incorporation of cities and villages, Vol. 1 Starr & Curtis, p. 777, provides:

“ All persons taking any contracts with a city or village, and who may agree to be paid from special assessments, shall have no claim or lien upon the city or village in any event, except from the collection of the special assessment ■ made for the work contracted for.”

The ordinance authorizing the contract for building the sewer, provided in substance that the contract should contain a covenant that the contractor should…

2Cases cited11 opinions

  1. Maher v. City of ChicagoIllinois Supreme Court · 1865
  2. City of Chicago v. People ex rel. NortonIllinois Supreme Court · 1870
  3. Ricketts v. Village of Hyde ParkIllinois Supreme Court · 1877
  4. Wilbur v. City of SpringfieldIllinois Supreme Court · 1888
  5. City of East St. Louis v. AlbrechtIllinois Supreme Court · 1894

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3Cited by2 opinions

  1. City of Alton v. FosterAppellate Court of Illinois · 1903
  2. Ward v. City of LincolnNebraska Supreme Court · 1910

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