City of Mt. Carmel v. Friedrich

Citations

• 141 Ill. 369

Syllabus

<p>1. Special assessment—confirmation of commissioners’ report when no objections are filed. Where no objections are filed to the report of the commissioners appointed to assess a special tax, or where no evidence is admitted in support of the objections thereto, a confirmation would seem to follow as a matter of course.</p> <p>2. County court—probate term—jurisdiction to confirm special assessment. The county court has no jurisdiction, at a probate term, to confirm an assessment of a special tax for a local improvement by a .-city or village. Therefore, an order of said court at a probate term, either affirming or setting aside such an assessment, is void, and will be reversed. .</p> <p>3. Costs—when taxed to appellant on judgment of reversal. Where a city seeks for a confirmation of. a special assessment, or of a special tax, at an unauthorized term of the county court, and that court sets aside the report of the commissioners at such unauthorized term, this court, on reversal of the order of the county court, will require the city to pay the costs of the appeal taken by it.</p>