Harrison v. City of Chicago, 61 Ill. 459 (1871)

Sept. 1871 · Illinois Supreme Court

61 Ill. 459

Carter H. Harrison v. The City of Chicago, and James E. Tyler et al. v. Same.

Special assessment—of a new assessment. Upon an application for judgment upon a new special assessment for tlie deficiency which the city of Chicago failed to collect of a former assessment, where the only defect in the original proceeding was in the printer’s certificate of notice of application to the council for confirmation, the ordinance under which it was had being free from objection, it was held, the new assessment was not void.

Appeals from the Superior Court of Cook county.

Messrs. Spafford, McDaid & Wilson, for the appellants.

Mr. M. F. Tuley, for the appellee.

Per Curiam :

This was a judgment rendered at the March term, 1871, of the Superior Court, in favor of the city, upon a special assessment warrant to make up the amount which the city failed to collect of a former assessment.

The only defect in the former proceeding ivas in the printer’s certificate of publication of notice of application to the council for confirmation. It does not appear that the ordinance in the former proceedings was void.

These cases, .presenting the same state of facts in each, are distinguishable from that of Workman v. City of Chicago, post, 463, and Ave are not prepared to hold that the new assessment Avas void, as the case noiv stands.

But the collector Avas unauthorized to apply for judgment, and for that reason the judgments will be reversed and the causes remanded.

Judgments reversed.