Kilgour v. Drainage Commissioners

Citations

• 111 Ill. 342

Syllabus

<p>1. Appeal — in suit on appeal bond in special assessment proceedings— directly from trial court. An appeal bond given on an appeal to three supervisors from a confirmation of a special assessment for drainage, being but incidental to the assessment it is given to secure, an appeal from a judgment in an action on such bond lies directly from the trial court to this court, the same as if the suit had been on the assessment itself.</p> <p>2. Measure of damages — in suit on appeal bond — in the matter of a special assessment. In an action upon an appeal bond given on appeal from the confirmation of a special assessment, the measure of recovery is the amount of the assessment, and nothing more, except the costs. ■</p> <p>3. Former recovery — as to recovery upon an appeal bond given in special assessment proceedings — and judgment upon the assessment itself. A recovery of the amount of a special assessment in an action upon an appeal bond given on an appeal from the assessment, is a bar to any other proceeding to collect the assessment. So a recovery of the amount of the assessment by judgment against the land assessed, and its collection, might be pleaded in bar of a suit on the appeal bond.</p> <p>4. Pleading — nil debet to suit on appeal bond. Nil debet is not a good plea in an action on an appeal bond.</p> <p>5. Same — plea to action on appeal bond in special assessment proceedings. In an action on an appeal bond conditioned for the payment of a special assessment in case the same is affirmed by the three supervisors to whom the appeal was taken, the defendant pleaded that the assessment was afterwards set aside by the county court, and so remains set aside: Held, that the plea was bad, in not showing any appeal from the affirmance by the supervisors, to the county court, or any other fact showing jurisdiction in that court to set aside the assessment.</p> <p>6. And in such an action a plea that the county court, on application for judgment against the land assesse