People ex rel. Carroll v. Gary

Citations

• 105 Ill. 332
• 1883 Ill. LEXIS 93

Syllabus

<p>1. Fees—a single fee for several parties.- On an application by the city of Chicago, in the Superior Court of Cook county, for a confirmation of special assessments of benefits, against several lot owners, for opening a street, all the defendants may join in filing objections, and the clerk of the court is only entitled to demand the payment of one fee of one dollar and fifty cents, and not that sum for each defendant, before filing their objections. Such a proceeding is but one suit, within the meaning of the statute relating to fees and salaries, though,there may be many defendants.</p> <p>2. The true meaning of section 33, chapter S3, Eev. Stat. 1874, is, that all persons, however numerous, constitute but one. .party plaintiff, and all, as such, are required to pay but one fee of six dollars, and that all the defendants, without regard to their number, constitute but one party defendant, and should be required, in an ordinary case, to pay but one fee of one dollar and fifty cents.</p> <p>3. Special assessment—is an indivisible proceeding, with but one judgment. A proceeding by a city to confirm an assessment of benefits on adjacent property, for the purpose of opening a street, is but one indivisible suit, without reference to the number of the defendants. The trial is one as to all the defendants, and only one judgment and execution are required, though the property is to be sold separately. The declaration in the statute that the judgment shall be held to be several, is intended only to control the mode of obtaining satisfaction, so that each lot shall be required to pay the sum assessed thereon.</p>