City of Chicago v. Hayward
Appellate Court of Illinois
Assumpsit.—On a judgment in condemnation proceedings. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1895.
1Opinion of the CourtJustice Waterman
The question here presented.is as to the right or claim against the city, of an owner of property, to condemn whose land, proceedings instituted by the city have gone to a judgment of condemnation, in which the value of his interest was fixed; the city having, after judgment, not only taken possession of and paved such property, but repealed the ordinance under which the proceedings were instituted, and thus abandoned all effort to collect, from property specially benefited, the amount awarded in the condemnation proceeding.
While it is true that before taking possession the city may abandon…
2Cases cited5 opinions
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- St. Louis & Southeastern Railway Co. v. TetersIllinois Supreme Court · 1873
- Clayburgh v. City of ChicagoIllinois Supreme Court · 1861
- Corwith v. Village of Hyde ParkAppellate Court of Illinois · 1884
- Glennon v. Chicago, Milwaukee & St. Paul Railway Co.Illinois Supreme Court · 1875
3Cited by2 opinions
- City of Evanston v. ClarkAppellate Court of Illinois · 1898
- City of Evanston v. O'LearyAppellate Court of Illinois · 1897