Meyer v. Village of Teutopolis

Citations

• 131 Ill. 552
• 23 N.E. 651

Syllabus

<p>1. Vacating streets—power of the legislature—and of municipalities. The legislature, in the absence of special constitutional restrictions, by virtue of its plenary power, may vacate or discontinue streets or highways, or authorize municipal corporations to do so.</p> <p>2. Under the authority conferred by paragraph 7, article 5, of the general law relating to cities and villages, the village board or city council may, without any judicial determination, constitutionally order the vacation of a street; and this power, when exercised with due regard to the right of individuals, will not be restrained at the suit of a property owner claiming that he is interested in keeping open the streets.</p> <p>3. Same—matters affecting validity of vacation. The validity of a proceeding vacating a street is not affected by the fact the land embraced in the street thereby becomes private property, nor by the fact that the vacation is made for the purpose of vesting the title to such land in adjoining proprietors. The motives actuating the board of trustees being immaterial, can not be shown in evidence in a proceeding to assess the damages to a property owner caused by the vacation.</p> <p>4. Judgment—sufficiency—in a proceeding to assess damages from vacating a street. In a proceeding to assess damages, growing out of the vacation of a public street, after motions in arrest of judgment and for a new trial were overruled, this entry appeared of record: “Judgment rendered upon the verdict of the jury:” Held, that the judgment as entered was fatally defective.</p> <p>5. Practice in the Supreme Court—error after verdict—remanding for a proper judgment. Where the judgment entered in the trial court is defective, but there is no error anterior to the verdict, and the verdict is sufficient to sustain a judgment, there is no occasion for a venire de novo. In such case, the judgment will be reversed, and the causé remanded with leave to move for a proper judgment on the. verdict.* </p>