Connett v. City of Chicago

Citations

• 114 Ill. 233
• 29 N.E. 280

Syllabus

<p>1. City attorney—Ms power in respect to an appeal. A city attorney elected by the people, whose duty it is to look after and protect the interests of the city in all legal controversies? will have power, on behalf of the city, to pray for an appeal from a judgment against the city, and prepare the necessary steps for taking the same. All his acts within the scope of his authority will be binding on the city.</p> <p>2. Same—duty in respect to suits, and presumption in respect thereto. After having taken the necessary steps for an appeal from a judgment against the city, it is the duty of the city attornej'.to report the condition of the case to the city council, together with his views in respect to the propriety of taking the appeal; and in the absence of proof to the contrary, it will be presumed he has discharged his duty in such respect.</p> <p>3. Same—validity of agreement to submit to arbitration, made by him, when not disaffirmed, or is ratified by city. Where a city attorney, after praying for an appeal from a judgment against the city, agreed with counsel for the plaintiff to submit the question of the liability of the city to the arbitrament and decision of an arbitrator, if the city council, after the lapse of several months, made no objection to the agreement to arbitrate, and afterward availed of the decision of the referee by bringing suit to have his decision carried into effect, it was held, that the other party could not avoid the effect of the award on the ground of want of authority on the part of the city attorney to bind the city by his agreement.</p> <p>4. Ratification—of acts of agent. Where a contract entered into on behalf of a named principal, is one which the principal himself might lawfully make, it may be ratified by the principal, and thus given effect. Such ratification may be shown by circumstances, or it may be inferred by acquiescence after notice.</p>