Robeson v. People ex rel. Curry
| Decision Date | 01 April 1896 |
| Citation | 161 Ill. 176,43 N.E. 619 |
| Parties | ROBESON v. PEOPLE ex rel. CURRY, Collector. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Lawrence county court; Amos N. Goodman, Judge.
Proceeding by the people, on relation of W. F. Curry, collector of Lawrence county, to enforce a drainage assessment. Objections of William R. Robeson were overruled, and from the judgment he appeals. Reversed.
W. F. Foster, for appellant.
S. J. Gee, for appellee.
This is an appeal from the judgment of the county court of Lawrence county, rendered on the application of the county collector, for an alleged delinquent assessment of the Russell and Allison drainage district for the year 1894. The drainage district was organized in pursuance of the provisions of the drainage act for ‘agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts,’ in force May 29, 1879, as amended by the Acts of 1881 and 1883. There was an assessment in 1884, by a jury, of the damages and benefits which would be sustained or would accrue to the lands affected by the construction of a levee which was thereafter constructed, but there never was any assessment of annual benefits for keeping the levee in repair. On August 1, 1894, the drainage commissioners filed their report in the office of the clerk of the county court, stating the financial condition of the district and the condition of the levee, and asking the court to grant them the sum of $1,000, the estimated amount required for the ensuing year, for the purpose of paying a balance of indebtedness, and to meet expenses and repairs. No action was taken upon this report until the December term, 1894, when the commissioners asked and obtained leave to amend their report. An amendment was thereupon made, stating that the levee, at a place designated, was badly in need of repair, and asking a further appropriation of $1,000 for the purpose of making such repair. The court thereupon made an order finding that an annual amount of benefits for repairs of the levee should be extended in the sum of $2,000, and ordering that sum extended pro rata upon the original assessment for the construction of the levee. The validity of the judgment against appellant's lands depends upon the question whether the county court had jurisdiction to make and levy an assessment for annual benefits upon the lands of the district for keeping the levee in repair, and we think that it will be apparent from an...
To continue reading
Request your trial
-
Payson v. People ex rel. Parsons
...court, is not concluded by the judgment of confirmation or any order of the court in reference to said drainage district. Robeson v. People (Ill. Sup.) 43 N. E. 619;Murphy v. People, 120 Ill. 234, 11 N. E. 202;Clark v. People, 146 Ill. 348, 35 N. E. 60;Chicago & N. W. Ry. Co. v. Galt, 133 I......
-
Bowen v. Russell
... ... See People v. Metzker, 47 Cal. 524;Mitchell v. Witt, 98 Va. 459, 36 S. E. 528; Henry ... ...
-
Nutwood Drainage and Levee Dist. v. Mamer
...enlarge the amount of the annual assessment made by the jury. Hammond v. Carter, 161 Ill. 621, 44 N.E. 274; Robeson v. People ex rel. Curry, 161 Ill. 176, 43 N.E. 619. It is clear from the record in the receivership case that the 1907 assessment was the only jury assessment of annual benefi......
- Crawford v. Thomson