Walters v. Town of Lake

Citations

• 129 Ill. 23
• 21 N.E. 556

Syllabus

<p>1. Special assessments—notice—as to confirmation—defects cured ■by appearance. A lot owner whose lot is specially assessed for the improvement of a street, by appearing before the county court and objecting to the confirmation of the assessment, and going into the trial on the merits, waives any defect in the notice of the application lor confirmation.</p> <p>2. Same — assessment roll-—as evidence of benefits to lots assessed. The statute makes the assessment roll or report of the commissioners competent evidence as to the benefits assessed, but allows either party the right to introduce such other evidence as may tend to establish the right of the matter. Therefore an instruction to the jury, expressed in such a way as to make the impression upon the minds of the jury that the assessment roll is not a part of the evidence, is properly refused.</p> <p>3. Same—relative assessments—as between different properties. On a proceeding in the county court to confirm a special assessment made for improving a street, the objectors asked this instruction: “The jury, in arriving at their verdict in this case, in addition to their general verdict, will find specially, as follows: how much ought the premises of the following persons (naming them) to be respectively assessed for said improvement?” which the court refused: Held, properly refused.</p> <p>4. If the jury should find that the assessment was just and fair, and that the amount assessed against each lot was exactly equal to the benefits, then it would be sufficient for them to so state in their verdict. The verdict would be that the property of the objectors was not assessed more or less than it would be benefited, nor more or less than its proportionate share of the cost of the improvement.</p> <p>5. But if the jury should find that any of such property was assessed more or less than it is benefited, or more or less than its proportionate share of the cost, then they should state in their verdict the amount or amounts