Beygeh v. City of Chicago

Citations

• 65 Ill. 189

Syllabus

<p>1. Special assessment—to malee up amount not collected on original assessment. Where a judgment was sought upon a new special assessment to make up the amounts which the city had failed to collect of the original assessment for improving a street, but the papers and proceedings on the original were not introduced in evidence: Held, that this court could not determine the validity of the new proceeding, so far as it depended upon the character of such original proceedings, because of the absence from the record of all evidence pertaining to them.</p> <p>2. Same—some objections heard as on certiorari. On an application for judgment against city lots for delinquent special assessments, where the objectors introduced in evidence under appropriate objections a certified copy of the record of the proceedings, it was held that they had the same right to challenge their validity as they would upon a certiorari and thus defeat the application.</p> <p>3. Publication—sufficiency of certificate of. Where the publisher of a newspaper gave the following certificate of the publication of certain notices required in a proceeding to make and confirm certain special assessments by a city: “This certifies that the appended corporation notice has been published in the Chicago Republican, the corporation newspaper of the city of Chicago, county of Cook, and state of Illinois, six days consecutively, excepting Sundays and holidays, commencing on the 24th day of September, A. D. 1869: ” Held, that the certificate was fatally defective in not stating the last day of the publication, and that owing to the exception thrown in, the certificate could not be aided by any inferences.</p>