People ex rel. Kochersperger v. Lingle
Illinois Supreme Court
Appeal from the County Court of Cook county; the Hon. O. N. Carter, Judge, presiding. On an application by the county treasurer and ex officio collector of Cook county for judgment on delinquent special assessments levied by the city of Chicago for laying six-inch drains .on West Twenty-sixth street, from Sacramento avenue to Lawndale avenue, in that city, the appellee appeared and filed objections to entering judgment against certain lots in the record described.
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Appeal from the County Court of Cook county; the Hon. O. N. Carter, Judge, presiding. On an application by the county treasurer and ex officio collector of Cook county for judgment on delinquent special assessments levied by the city of Chicago for laying six-inch drains .on West Twenty-sixth street, from Sacramento avenue to Lawndale avenue, in that city, the appellee appeared and filed objections to entering judgment against certain lots in the record described. These objections were, first, as to the validity of the ordinance; and second, as to the validity of the assessment roll. This…
1Opinion of the CourtJustice Phillips
On an application for judgment against lots or lands for delinquent special assessments an objection to the judgment because of the insufficiency of the ordinance under which the assessment is made is a collateral attack on the judgment of confirmation of the assessment. The judgment of confirmation cannot be thus attacked except for matters affecting the jurisdiction. The sufficiency of the ordinance is not of that character, and must be determined on the proceeding to confirm the special assessment. Doremus v. People ex rel. 161 Ill. 26; Culver v. People ex rel. id. 89, and authorities…
2Cases cited2 opinions
- Doremus v. People ex rel. KocherspergerIllinois Supreme Court · 1896
- Casey v. People ex rel. KocherspergerIllinois Supreme Court · 1896
3Cited by9 opinions
- Smith v. PenceSouth Dakota Supreme Court · 1914
- Rich v. City of ChicagoIllinois Supreme Court · 1900
- Aldridge v. Clear Creek Drainage & Levee DistrictIllinois Supreme Court · 1911
- People ex rel. Heise v. MunroeIllinois Supreme Court · 1907
- Mann v. Downers Grove Sanitary DistrictAppellate Court of Illinois · 1935
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