Brackett v. People ex rel. Weiennett

Citations

• 115 Ill. 29
• 3 N.E. 723

Syllabus

<p>1. Former judgment—in action prematurely brought—whether a bar to subsequent suit. A judgment against a plaintifl: because the action was prematurely brought, is not a bar to a suit subsequently brought, after the cause of action has properly accrued.</p> <p>2. So where application for a judgment upon a special assessment in respect to the improvement of a street in a city is denied, because after confirmation of the assessment the clerk of the court had failed to certify the assessment roll and the judgment of confirmation to the clerk of the city, whereby the warrant issued by the city clerk for its collection was void, the judgment of the county court refusing judgment is no bar to a subsequent application for judgment against the property for the same assessment, after the clerk of the court makes the proper certificate to the city clerk, and. the latter issues his warrant in due form, the objection to the first application being thus obviated. In such case the lien of the special assessment will still continue upon the property asse'ssed.</p> <p>3. Judicial notice—as to official character of a person. On application for judgment upon a special assessment against a lot of ground, the court Will take judicial notice of the official character of the person to whom a warrant had been directed for the collection of such assessment.</p> <p>4. Special assessment—collector’s return as a basis for his application for judgment. The delinquent list or return of the county collector to the county court as a basis for an application for judgment against lots for unpaid assessments, is prima facie evidence that the amounts are due as therein stated, and the onus is on the objector to show their invalidity.</p>