Legal Opinion

Gibson v. City of Chicago

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 4 opinions

On the 11th day of May, 1857, the Common Council of the city of Chicago ordered that Canal street, from Yan Burén street to Old street, be filled in accordance with estimate and specifications of the city superintendent, and also ordered that $20,814, be assessed upon the real estate in the west division of the city, deemed benefited by said improvements, and elected three disinterested freeholders, to make such assessment.

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On the 11th day of May, 1857, the Common Council of the city of Chicago ordered that Canal street, from Yan Burén street to Old street, be filled in accordance with estimate and specifications of the city superintendent, and also ordered that $20,814, be assessed upon the real estate in the west division of the city, deemed benefited by said improvements, and elected three disinterested freeholders, to make such assessment. The estimate of the city superintendent, above referred to, was made on the 9th day of May, 1857, under a requisition of the committee on streets and alleys of the west…

1Opinion of the CourtCaton, C. J.

We are of opinion that the court had authority to continue the case under advisement, and render a judgment at a subsequent term, the same as any other case within its general jurisdiction.

The first section of the seventh chapter of the City Charter authorized the Common Council to cause this improvement to be made. The second section declares that the expenses of the improvement with the costs of the proceedings therein, shall be assessed upon the property benefited thereby. The third section says, “ The amount to be assessed for any such improvement * * shall be determined by the Common…

2Cited by4 opinions

  1. City of Chicago v. WheelerIllinois Supreme Court · 1861
  2. Pflueger v. KinseySupreme Court of Missouri · 1928
  3. Burns v. City of DuluthSupreme Court of Minnesota · 1905
  4. Parsons v. City of WorcesterMassachusetts Supreme Judicial Court · 1919

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