Beach v. City of Chicago, 193 Ill. 369 (1901)

Dec. 18, 1901 · Illinois Supreme Court

193 Ill. 369

Elli A. Beach v. The City of Chicago.

Opinion filed December 18, 1901.

Special assessments—ordinance should describe the stones on which curb is to be bedded. An ordinance is insufficient which fails to describe the stones on which the curb-stones are to be bedded otherwise than as “flat stones.”

Writ Of Error to the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding.

William F. Carroll, for plaintiff in error.

Per Curiam

This writ was sued out to reverse a judgment of the county court of Cook county confirming a special assessment to grade and pave Lincoln street from Forty-seventh to Fifty-first street, and to put in curb-stones on each side of said street. The ordinance provided that the curb-stones should be firmly bedded on fiat stones, but did not otherwise describe such flat stones. Because of this defect in the ordinance the judgment is erroneous. (Lusk v. City of Chicago, 176 Ill. 207.) It will therefore be reversed and the cause remanded.

Reversed and remanded.