Smith v. City of Chicago, 189 Ill. 341 (1901)

Feb. 20, 1901 · Illinois Supreme Court

189 Ill. 341

Magic T. Smith et al. v. The City of Chicago.

Opinion filed February 20, 1901.

This case is controlled by the decision in Willis v. City of Chicago, {ante, p. 103.)

Writ op Error to the County Court of Cook county; the Hon. Orrin 1ST. Carter, Judge, presiding.

William F. Carroll, for plaintiffs in error.

Charles M. Walker, Corporation Counsel, and Denis E. Sullivan, for defendant in error.

Per Curiam:

A judgment by default confirming a special assessment was entered by the county court of Cook county ag'ainst the property of plaintiffs in error to pay the cost of curbing with combined curb and gutter, and paving with asphalt, Addison avenue and other streets. The error pointed out is, that the ordinance does not sufficiently specify the nature, character and description of the improvement. The description of the combined curb and gutter is defective in precisely the same respects as the ordinance mentioned in Willis v. City of Chicago, {ante, p. 103).

The judgment must be reversed and the cause remanded.

Reversed and remanded.