People ex rel. Miller v. Sherman

Citations

• 83 Ill. 165

Syllabus

<p>1. Special assessments—power under the constitution. The constitution gives the General Assembly express authority to invest the corporate authorities of cities, towns and villages with power to make local improvements by special assessments, or by special taxation of contiguous property, or otherwise.</p> <p>2. Same—-for improvements wholly by such assessments. Under both the constitution and the general law, local improvements may he made wholly or in part by special assessments, as the corporate authorities of the municipality may, by ordinance, prescribe.</p> <p>3. Same—for water works for whole village. An ordinance for a com nected system of water works for the whole village does not provide for but one local improvement, and is not invalid as embracing separate and distinct improvements.</p> <p>4. Same—notice of application for judgment. A separate notice of application for judgment against property for delinquent special assessments, from that in respect to the general taxes, is not invalid. The notice may embrace both, or separate notices may he given, in the discretion of the collector.</p> <p>5. Same—appearance cures defective notice. Where parties interested appear and contest an application for judgment against their real estate for special assessments, on the merits, it matters not whether the notice of the application is regular, or whether there was any notice at all.</p>