Hertig v. People ex rel. Kochersperger
| Decision Date | 20 January 1896 |
| Docket Number | No. 175.,175. |
| Citation | 159 Ill. 237,42 N.E. 879 |
| Parties | HERTIG v. PEOPLE ex rel. KOCHERSPERGER, County Treasurer. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Cook county court; Orrin N. Carter, Judge.
Application by D. H. Kochersperger, treasurer of Cook county, for a judgment of sale of certain delinquent property included in a confirmed assessment roll, to satisfy a judgment against such property, to which Charles H. Hertig filed objections. From orders overruling such objections and motions for a new trial and in arrest of judgment, and from a judgment of sale, Hertig appeals. Affirmed.
W. J. Donlin, for appellant.
J. D. Adair, for appellee.
The city of Chicago ordered the laying of water-service pipe in Hoyne avenue, in said city, from Archer avenue to Thirtieth street, to be paid for by special assessment. Proceedings were had in the county court of Cook county, upon application of the city, and judgment was rendered confirming the assessment roll. Thereafter, the judgment against certain property of appellant included in the assessment roll never having been paid, the county treasurer applied to the county court for a judgment of sale of said delinquent property, to satisfy the above judgment. Upon this application, judgment was rendered by default. Subsequently, however, the special appearance of appellant was entered, for the sole purpose of attacking the jurisdiction of the court. The judgment of sale was vacated, and leave given to file objections instanter. The objections so filed were overruled, as were also motions for a new trial and in arrest of judgment, and judgment was rendered, to reverse which appellant brings this appeal.
Two reasons are assigned why the judgment below should be reversed: First, it is contended that the certificate of publication of the delinquent list is insufficient; and, second, that the certificate of publication filed in the assessment proceedings, and upon which is based the judgment of confirmation, is also insufficient.
As to the first contention: The certificate of publication of the delinquent list begins: ‘I, Frank S. Weighley, president of the ‘Mail,’ a corporation publishing a newspaper known as the ‘Chicago Mail,’ do hereby certify,' etc.; and concludes: The objections made to it are that the jurat fails to state the venue; that it does not appear that the affiant was a proper person to make the certificate; and that it should have been sealed with the corporate seal.
Section 186 of the revenue act provides that the printer, publisher, and financial officer or agent of the newspaper publishing the list of the delinquent lands shall attach his certificate under oath to a copy thereof, and that the same shall be filed as a part of the records of the court. In Harris v. Lester, 80 Ill. 307, it was said that ‘an affidavit is simply a declaration on oath, in writing, sworn to by a party before some person who has authority under the law to administer oaths.’ And it was held that it need not be entitled in any cause or in any particular way, and that ‘without any caption whatever it is, nevertheless, an affidavit.’ In Schaefer v. Kienzel, 123 Ill. 430, 15 N. E. 164, it was held that, where an affidavit was made before a notary public in the county in which the court was held that entertained the proceeding, the jurat of the notary need not be authenticated by his notarial seal; that the court would take judicial notice of who the notaries public were in the county in which the court was held. To the same effect were the earlier decisions in Stout v. Slattery, 12 Ill. 162, and Rowley v. Berrian, Id. 198. See, also, Jackson v. Cummings, 15 Ill. 449. Following the rule above laid down, we must hold that the county court of Cook county ...
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