Legal Opinion · Dissent

Pike v. City of Chicago

Illinois Supreme Court

Decided March 11, 1895Published

Appeal from the County Court of Cook county; the Hon. George W. Brown, Judge, presiding. This was a special assessment proceeding, in the county court of Cook county, for the construction of a system of sewers in territory lately annexed to Chicago.

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Appeal from the County Court of Cook county; the Hon. George W. Brown, Judge, presiding. This was a special assessment proceeding, in the county court of Cook county, for the construction of a system of sewers in territory lately annexed to Chicago. Objections were filed by appellants to the confirmation, which were overruled, and a trial by jury was had to determine whether or not the property of the objectors was assessed more or less than the benefits, or more or less than its share of the amount assessed. The verdict was in favor of the city. Motions for new trial and in arrest of…

1DissentJustice Magruder

One of the errors assigned is, that the judge, who passed upon the objections and presided at the hearing before the jury in the court below, was without jurisdiction or power to act in the case, because he was the judge of the County Court of DuPage County, and was holding court in Cook County as the judge of the county court of Cook county at the same time at which the regular judge of the latter court was also holding court in Cook County.

Section 18 of Article 6 of the constitution of 1870 provides, that “there shall be elected in and for each county one county judge and one clerk of the…

2Cases cited16 opinions

  1. Jones v. AlbeeIllinois Supreme Court · 1873
  2. Hall v. HamiltonIllinois Supreme Court · 1874
  3. Goodwillie v. City of Lake ViewIllinois Supreme Court · 1891
  4. Hoagland v. CreedIllinois Supreme Court · 1876
  5. Brown v. RounsavellIllinois Supreme Court · 1875

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