Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 274 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... publication may be proven by the certificate of the clerk, does not apply to the proving of the publication of a proposed ordinance in the proceedings of the city council or board of trustees before action is taken thereon. 2. SAME--party claiming that proposed ordinance was not published a week before passage must prove such claim. A property owner who claims that a proposed ordinance was not published in the proceedings of the city council at least one week before action was taken thereon has the burden of proving his claim, and in the absence of any competent evidence on the subject it will be presumed to have been so published. 3. SAME--/mblication of a proposed improvement ordinance in council proceedings is not jurisdictional. The publication of a proposed improvement ordinance in the council proceedings for at least one week before action is taken thereon, as required by section 11 of the Local Improvement act, is not essential to the jurisdiction of the subject matter by the county court on application to confirm the assessment. APPEAL from the County Court of Cook county; the Hon. JoHN H. W1LL1A1ts, Judge, presiding. JoHN M. BLAKELEY, for appellants. HARRY F. ATwooD, and HARRY F. HAML1N, (SAMUEL A. ETTELSoN, Corporation Counsel, of counsel, ) for appellee. Mr. JUST1CE CARTER delivered the opinion of the court: This is an appeal from a judgment of the county court of Cook county overruling certain objections and entering judgment of confirmation as to a special assessment levied and assessed by the city of Chicago under an ordinance for paving portions of South Kedzie avenue. The sole question raised in the briefs is as to the sufficiency of the proof of publication of the ordinance, as required by section 11 of the Local..