Gibler v. City of Mattoon

• Decision Date: 03 April 1897
• Parties: GIBLER et al. v. CITY OF MATTOON.
• Court: Illinois Supreme Court

167 Ill. 18

47 N.E. 319

GIBLER et al.

v.CITY OF MATTOON.¹

Supreme Court of Illinois.

April 3, 1897.

Error to Coles county court; S. S. Anderson, Judge.

Petition by the city of Mattoon to the county court for the appointment of commissioners to assess the cost of a street improvement. There was a judgment confirming the assessment, and H. C. Gibler and others bring error. Affirmed.

J. S. Hughes and D. T. McIntyre, for plaintiffs in error.

James W. Craig and Edward C. Craig, for defendant in error.

CARTER, J.

This is writ of error brought by 21 plaintiffs in error-viz. Henry C. Gibler, Elizabeth Randolph, Albert Turner, Homer Barney, Charles Snyder, Frank Champ, Theodore Jonta, Stephen Coddington, John Steidel, William Linder, Charles A. Hall, Albert Mounts, C. S. Whittaker, Jacob McFarland, John Mayer, W. D. Rudy, Willis Walkup, Frank Holmes, Charles Morgan, John Voigt, and J. C. Newcomb-to reverse the judgment of the county court of Coles county confirming a special assessment against lots and lands in the city of Mattoon, for the improvement of C street in that city, by draining, grading, curbing, guttering, and paving said street, and putting in street crossings and catch-basins therein. As to the last 10 of these plaintiffs, there is nothing whatever in the record, or alleged in the assignment of errors, to show that they have any interest whatever in any of the lots or parcels of land against which judgment was rendered below, or that they were parties to or in any wise injured by such judgment. Section 34 of article 9 of the statute concerning special assessments (Rev. St. c. 24) provides: ‘The judgment of the court shall have the effect of a several judgment as to each tract or parcel of land assessed, and any appeal from such judgment or writ of error shall not invalidate or delay the judgment except as to the property concerning which the appeal or writ of error is taken. Such judgment shall be a lien upon the property assessed, from the date thereof until payment shall be made.’ The judgment is a judgment in rem, and not against persons, and it is a several judgment, as against each tract or parcel of land, for the amount shown by the judgment to have been finally assessed against it. No property owner or other person can assign as error any act of the court in rendering judgment, or in any step of the proceedings culminating in final judgment, against any tract or parcel of land in which he has no interest; and this is upon the principle, often announced, that a party cannot assign for error that which concerns another, but which does not injuriously affect him. Of course, if it appears, from the record, that his rights in the premises are prejudiced by the error, his complaint may be heard, even although the same error affects the interests of other parties or persons.

Turning to the abstract filed by plaintiffs in error, and which, so far as their interests are concerned, must be taken as being, as required by the rules of this court, ‘a complete abstract or abridgment of the record,’ we find, aside from the mere formal order, reciting the various steps taken and confirming the assessment, and reference to the record, the following only: ‘Assessment Roll, C Street. Nathan Phelps: 50 feet; 1st inst., $22.60; 2d, 3d, 4th, 5th, and 6th installments, $17.40, each. And the following property owners appeared upon said roll, and are assessed in like manner as Nathan Phelps in proportion to frontage on said C street, viz.: James Titus, Francis M. Ferguson, W. P. Dole, Elizabeth Randolph, Albert Turner, Homer Barney, Geo. S. Cox, H. Barney, H. C. Gibler, Charles B. Snyder, W. J. Johnson, Elizabeth Patterson, John T. Hennessee, Anna Newcomb, Frank Champ, Mary E. Camp, Mary A. Morrison, George Anderson, D. H. Oblinger, Ida Wright, Theodore Jonta, trustees of Unity Church of Liberal Christians, Stephen Coddington, C. A. Powell, F. K. Lafever, C. A. and Mary Hall, William Linder, George Booze, W. E. and Mary Hall, Maude F. Hall, J. A. and Cora McFadden, Jacob McFadden, Taylor heirs, John Conway, Samuel Neff estate, Catherine Higginson, John and Joseph Steidel. Assessment roll filed April 25, 1895. G. L. Galbreath, County Clerk.’ It is seen that the last 10 of the...