Kilmer v. People ex rel. Johnson

Citations

• 106 Ill. 529
• 1883 Ill. LEXIS 202

Syllabus

<p>1. Judgment—confirmation of assessment, whether final or-not. The confirmation of a special assessment, for some purposes is a final judgment, as an appeal or writ of error lies to review it; but upon application for judgment against the land upon which the assessment has been made, the previous judgment of confirmation must be regarded as but a part of one and the same proceeding, and the court never loses jurisdiction until the proceeding is for some cause discontinued, or culminates in a judgment against the land.</p> <p>2. Amendment—after the term, without notice. Where the affidavit of the commissioners making a special assessment showing a compliance with the law, required to be filed before judgment of confirmation, showing notice to the owners of property assessed, failed to show the term of court at which the assessment roll would be returned for confirmation, and the assessment was confirmed without discovery of the inadvertent omission to fill the blank as to the term, it was held, that the court, on application for judgment against the land at a succeeding term, might allow the affidavit to be amended without notice to the parties interested.</p>