Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 288)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919. Excerpt: ... (No. 12245.--Reversed and remanded.) The V1llage Of W1nnetka, Appellee, vs. W. L. Taylor et al. Appellants. Opinion filed June 18, 1p19--Rehearing denied October 8, 1919. 1. Spec1al Assessments--petition purporting to be signed by village attorney prima facie complies with statute. An objection that the petition for a special assessment was not filed by an officer of the village, as required by section 37 of the Local Improvement act, cannot be sustained, where the petition filed purports to be signed by the village attorney and the record does not disclose whether or not a village attorney had been appointed. 2. Same--introduction of formal proofs makes prima facie case for petitioner. In a special assessment proceeding the introduction of the formal proofs, consisting of the petition, certified copy of recommendation, estimate and ordinance, certificate of publication, affidavits of posting and mailing assessment roll, and affidavits and certificates thereto attached, constitutes a prima facie case for the petitioner, and all objections to the entry of the confirmation order must overcome the presumption raised by such prima facie case. 3. Same--time when a supplemental proceeding for deficiency may be begun. Since the amendment in 1905 of section 59 of the Local Improvement act it is no longer necessary for a city or village to wait until the improvement has been completed before beginning a supplemental assessment proceeding to make up a deficiency. (City of Chicago v. Noonan, 210 111. 18, explained.) 4. Same--when section 11 of Local Improvement act, requiring publication of ordinance, must be complied with. Section 11 of the Local Improvement act, requiring the publication of an ordinance for an improvement in excess of $100,000, cannot be avoided b...