Follansbee v. City of Chicago

Citations

• 62 Ill. 288

Syllabus

<p>1. Special assessments in Chicago—defense to the application for judgment. Upon the application of the city collector of Chicago for judgment upon a special assessment warrant for the opening of a certain street, sixty-six feet wide, under an objection to the recovery of the judgment, evidence was introduced showing that the same street had been opened to the width of sixty feet, with a ditch on both sides, for the period of three years before the proceedings : Held, that this constituted, prima, facie, a defense.</p> <p>2. Same—power of the collector to apply for judgment. And besides, the collector’s authority to apply for the judgment had been abrogated by the constitution of 1870.</p>