Clark v. People ex rel. Kern

Citations

• 146 Ill. 348
• 35 N.E. 60

Syllabus

<p>1. Special assessments—impeaching judgment of confirmation for want of jurisdiction. On application for judgment against land on a special assessment, the owner can not impeach the judgment of confirmation of the assessment by showing that, in point of fact, no notice was sent him by mail, where the record, on its face, shows that the proper notices were given.</p> <p>2. Same—judgment of confirmation, when void. Where the affidavit of the mailing of notices of the application for confirmation is not sufficient, on its face, to confer jurisdiction of the persons of those who did not appear, the judgment of confirmation will not conclude the property owners who did not appear, but such parties may show the want of jurisdiction on application for judgment on the special assessment.</p> <p>3. Judgment—attaching collaterally for want of jurisdiction. It is a general rule, that when the court has jurisdiction of the parties and of the subject matter in a particular case, its judgment, unless reversed or annulled in a direct proceeding, is conclusive, and is not open to collateral attack.</p>