Forsythe v. City of Chicago

Illinois Supreme Court

Forsythe v. City of Chicago

62 Ill. 304

DecidedSeptember 15, 1871

StatusPublished

This text of 62 Ill. 304 (Forsythe v. City of Chicago) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Forsythe v. City of Chicago, 62 Ill. 304 (Ill. 1871).

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Opinion

Per Curiam:

The questions arising in this case are substantially the same as in the case of Burton v. City of Chicago, ante p. 179, except that it is claimed in the case at bar, that the second ordinance, which stands for the original in relation to this new assessment, was wholly void, on account of there having been, as it is alleged, a prior valid proceeding for opening the street, and making an assessment therefor. We think it should have been shown that a warrant was issued for such first assessment, or the full record should have been introduced showing that it was in conformity with the statute; for, unless there was a valid confirmation of a valid assessment, the proceeding could not be conclusive upon the city in this aspect of the question.

The judgment of the court below must be reversed on the ground that the collector was not authorized to apply for the judgment.

Judgment reversed.

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Per Curiam:

The questions arising in this case are substantially the same as in the case of Burton v. City of Chicago, ante p. 179, except that it is claimed in the case at bar, that the second ordinance, which stands for the original in relation to this new assessment, was wholly void, on account of there having been, as it is alleged, a prior valid proceeding for opening the street, and making an assessment therefor. We think it should have been shown that a warrant was issued for such first assessment, or the full record should have been introduced showing that it was in conformity with the statute; for, unless there was a valid confirmation of a valid assessment, the proceeding could not be conclusive upon the city in this aspect of the question.

The judgment of the court below must be reversed on the ground that the collector was not authorized to apply for the judgment.

Judgment reversed.

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Bluebook (online)

62 Ill. 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forsythe-v-city-of-chicago-ill-1871.