Legal Opinion

Peck v. City of Chicago

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 1 opinion

The bill of exceptions sets forth in substance, that defendants filed the following among other objections, to the rendition of a judgment: The order of the Common Council, directing that the sum of $18,200 be assessed on real estate of the city of Chicago, deemed benefited by the filling, curbing and paving of Washington street, from the west line of LaSalle street to the east line of Market street, “ in accordance with the superintendent’s specifications for the same,” was…

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The bill of exceptions sets forth in substance, that defendants filed the following among other objections, to the rendition of a judgment: The order of the Common Council, directing that the sum of $18,200 be assessed on real estate of the city of Chicago, deemed benefited by the filling, curbing and paving of Washington street, from the west line of LaSalle street to the east line of Market street, “ in accordance with the superintendent’s specifications for the same,” was made by the Common Council without having adopted or agreed upon any plan, or mode, or specification for said…

1Opinion of the CourtCaton, C. J.

The assessments in these cases, were in part for improvements already executed by parties other than the city, and without any liability on the part of the city. The assessments were therefore illegal, and it was the duty of the court to refuse to render judgments for them. Pease v. City of Chicago, 21 Ill. R. 500.

The judgments in the two first cases are reversed, and in the last the judgment is affirmed.

2Cited by1 opinion

  1. Ricketts v. Village of Hyde ParkIllinois Supreme Court · 1877

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