Ogden v. Town of Lake View

Citations

• 121 Ill. 422

Syllabus

<p>1. Special assessments—requisites of the ordinance, as to character, ■description, etc. An ordinance for the construction of a system of sewerage, which fails to specify the nature, character, locality and description of the man-holes and catch-basins, is invalid, and can not be made the basis of special assessments.</p> <p>2. Same—of the petition—its requisites—recital of ordinance. A petition to the county court for the assessment of the cost of a local public improvement, containing a recital of the ordinance, is the foundation of the application, and if it fails to contain such recitals, it will confer no authority on the court to act.</p> <p>3. Amendment—leave to amend is not an amendment of itself—of amendment of record pending appeal or error. The grant of leave to amend a petition for the levy of special assessments, does not amount to an amendment. Under such leave, the party is not bound to make the proposed amendment, and after judgment and writ of error brought, the record can not be so amended by showing an amendment to the petition.</p> <p>4. While, within certain limitations, a record, even after appeal or writ of error, may, upon proper notice, be so amended as to make it truly state what actually occurred in court, and which should have been entered of record at the time, it can not be amended by interpolating into it matters that did not actually take place. That would be to make a new record.</p> <p>5. Leave was granted to a petitioner to amend his petition, which was not done. After judgment and writ of error brought, the record was amended by showing the interpolation of the proposed matter in the petition: Held, that such amendment was unauthorized, and could not be considered.</p>