The City of Chicago v. People of State Ex Rel. David L. Degolyer
| Decision Date | 30 September 1868 |
| Citation | 48 Ill. 416,1868 WL 5133 |
| Parties | THE CITY OF CHICAGOv.THE PEOPLE OF THE STATE OF ILLINOIS ex rel. DAVID L. DEGOLYER et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Superior Court of Chicago.
The opinion fully states the case.
Mr. S. A. IRVIN, for the appellant.
Messrs. WILSON & MARTIN, for the appellees.
This was an application for a mandamus against the City of Chicago, to compel payment for work done upon certain streets. It is admitted that the money claimed is due, and the parties entered into a stipulation before the hearing, waiving all objections to the form of proceeding, and agreeing that a peremptory writ of mandamus should be issued, if the city could be held liable in any form of action, whether ex contractu or ex delicto. The court below gave judgment against the city.
It was one of the stipulations in the contract upon which this suit is brought, that the contractor should be paid from the proceeds of a special assessment already levied when the contract was made, and from the proceeds of any special assessments which might thereafter be made; and the contractor expressly agreed to make no claim against the city except from the collection of said assessments.
The contract was made October 12th, 1866. The warrant for the collection of the assessment had been issued October 4, 1866, and at the February term, 1867, of the superior court, application was made for judgment against the delinquent property.
As to $1,041.61 of the assessment on the Washington street property, the city failed to obtain judgment, and a judgment which it did obtain for $667.08, was afterwards reversed in this court. A part of the property assessed, both on Washington and Griswold streets, belonged to the city.
The assessments having been made and confirmed in September, 1866, the city could, under its charter, make no appropriation for its property assessed, until the first three months of the fiscal year, commencing April, 1867. It did then make an appropriation and levied a tax, and was duly collecting the same, when this proceeding was commenced, in December, 1867.
Besides these causes of non-payment by the city, there was a deficiency of about $2,000 on the amount collected on the Griswold street improvement, arising, as we understand the record, from a deficiency in the amount of the assessment. These facts all appear from the return to the alternative mandamus, the case having been heard upon a demurrer to said return.
It further appears from the return, that the city was proceeding to make a new assessment to meet the deficiency in the Washington street...
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