Drainage Commissioners v. Hudson

Citations

• 109 Ill. 659

Syllabus

<p>1. Bill of exceptions—when necessary—presumption in favor of the judgment below. A land owner appealed from an assessment of benefits against Ms land to three supervisors, who reduced the same, and the commissioners appealed from this order to the county court, where they entered a motion to dismiss the appeal to the supervisors and all proceedings had on such appeal, for the reason that the land owner did not appear before the commissioners and object to the confirmation of the assessment, which motion was overruled. The hill of exceptions contained no part of the evidence heard on the motion: Held, that in the absence of such evidence in the record, it would be presumed it authorized 'the judgment of the county court overruling the motion.</p> <p>2. Practice—time to object that there is no right of appeal—in case of special assessment. Where it .is sought to question the right of a land owner to take an appeal from an assessment of benefits to his land by the drainage commissioners, by reason of his failure to appear before the commissioners and object to their confirming the assessment, the commissioners must take the objection by motion before the supervisors to whom the appeal is taken, and failing to do so will be a waiver of the right.</p> <p>3. Practice in the Supreme Court—cross-errors must be assigned on the record. Cross-errors argued in the briefs of counsel for the defendants in error, but not assigned upon the record, will not be considered by this court.</p> <p>4. Evidence—special assessments under Drainage law—evidence on appeal. On the trial of an appeal from a special assessment by commissioners under the Drainage law, to three supervisors, the commissioners have the right to introduce evidence tending to prove that the assessments do not exceed the benefits, and are no greater than the land’s just proportion of the cost of the work, and the land owner will have the right to introduce any competent evidence tending to prove the reverse; and on a