Evans v. People ex rel. Kern

Citations

• 139 Ill. 552
• 28 N.E. 1111

Syllabus

<p>1. Special assessment—affidavit of service of notice. The affidavit • showing that a copy of the notice of the application for the confirma» • tion of a special assessment may be made by one or more of the commissioners, and this is not affected by the fact that the affidavit must state that the notice has been sent to the owner whose premises have ■ been assessed and whose name and place of residence are known to ■ them.</p> <p>2. Same—notice of application for confirmation—certificate of publication. Under section 27, article 9, of chapter 24 of the Revised Statutes of 1874, the commissioners making a special assessment were ■ required to give notice of their application for the confirmation of their roll, “by publishing the same at least five successive days in some ■ daily newspaper.” A certificate of publication of such notice, that it-“has been published five times,” giving the dates of the first and last of the paper containing the same, is fatally defective, and gives no jurisdiction to the court to confirm the assessment.</p>