Jenks v. City of Chicago

Citations

• 48 Ill. 296

Syllabus

<p>1. Special assessments—collectings notice, time of its publication. Where the record of the proceedings for a judgment upon a special assessment warrant shows that the notice given by the collector, upon receipt of the warrant, was published ten days consecutively, that will be sufficient, it not appearing that the paper, in which the notice was published, was published on Sunday.</p> <p>2. In the absence of proof, it will not be presumed the corporation newspaper, in which such notices are published, was a Sunday paper, but rather, that the ten consecutive days mentioned in the printer’s certificate of publication were secular days.</p> <p>3. And where the collector’s report shows the notice was published ten days, it will be taken to mean secular days, and his affidavit appended to his report is prima fade evidence of the fact.</p> <p>4. Same — conclusweness of the action of the commissioners in assessing special benefits. Where it appears that an assessment in the city of Chicago, for a proposed improvement, was upon property specially benefited, in the judgment of the commissioners making the assessment, their judgment can not be impeached, except for fraud.</p> <p>5. So it is not competent, in n proceeding for a judgment upon a special assessment warrant, to prove that the assessment was levied upon the front foot, and not according to the special benefits to each lot; such an objection should be taken before the common council.</p> <p>6. Same—when and where olyections should he taken. Objections to the fairness of a special assessment, or to the basis on which it is made, should be made at the proper time, before the common council, and if not allowed there, the proceedings may be enjoined, if there has been fraud in the assessment, or made on a wrong basis.</p>