Monahan v. City of Wilmington

Appellants, James P. Monahan and Edward Monahan, began an action of assumpsit in the circuit court of Will county against appellee, the city of Wilmington. The declaration consisted of seventeen counts. Appellee filed a general and special demurrer to each count except the first. The demurrers were sustained, the common counts were withdrawn, appellants elected to stand by the other counts, the suit was dismissed, and an appeal was prosecuted to this court on the ground that sections 73, 83 and 84 of the Local Improvement act are unconstitutional. For convenience we will refer to appellants…