Village of Hyde Park v. Corwith

Citations

• 122 Ill. 441
• 12 N.E. 238

Syllabus

<p>1. Rembdy—to recover on judgment of condemnation. Where an ordinance for the condemnation of land by a village for a street, provides that the entire cost of the proposed improvement shall be paid by special assessments, so long as such ordinance remains in force it excludes every other mode of payment, and an action of debt will not lie on the judgment of condemnation against the village, although it may have taken possession of the land condemned. Such judgment can be paid, if at all, only by special assessments.</p> <p>2. Res judicata—by decision of ihis cowrt. A decision by this court, that mandamus will not lie to compel a village to pay a judgment of condemnation of land for a street out of a fund to be raised by a general tax, and that the ordinance under which the condemnation was had is still in force and not repealed, becomes res juddcata as to such matters, and an action of debt by which it is sought to recover a judgment for the compensation awarded, seeking the same end, can not be sustained.</p>