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· 10/27/1893

Callon v. City of Jacksonville

Citations

  • 147 Ill. 113
  • 35 N.E. 223

Syllabus

<p>1. County court—jurisdiction at probate and law terms. The county court, when holding law terms and when holding probate terms, is the same court. When holding a law term it is vested with jurisdiction over matters pending before it which it can not exercise when sitting as a court of probate, and when sitting as a court of law it has authority to dispose of all matters pending before it which come within its proper cognizance as a court vested with common law jurisdiction.</p> <p>2. It requires no order transferring to the county court, at a law term, matters already pending in the court on the probate docket. Such matters are already before the court at its law terms, if they constitute matters which come within its jurisdiction at a law term.</p> <p>3. Municipal cobpobations—power to extend sewer beyond the city limits. A municipal corporation has authority to extend a sewer beyond the corporate limits for the purpose of obtaining a proper outlet, and for that purpose it may acquire, by purchase or otherwise, the land upon which to construct the sewer to its outlet.</p> <p>4. Special taxation—at what term confirmation may be had. Where commissioners are appointed by the county court, at a probate term, to assess a special tax, application for confirmation of the tax levied may be disposed of at a common law term, without any order transferring the case from the probate to the law term of the county court.</p> <p>5. Same—ordinance—sufficiency. Since the amendment of section 19 of article 9 of chapter 24, relating to cities and villages, it is sufficient if the nature, character, locality and description of the improvement required appear, either by setting forth the same in the ordinance itself, or by reference to maps, plats, plans, profiles or specifications thereof on file in the office of the proper clerk, or both.</p> <p>6. An ordinance for a sewer required that $3700 of the cost of constructing the portion in the limits of the city should be paid by gener

Judges: Bailey

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