SPECIAL ASSESSMENTS.-Continued.
on levying an assessment to improve a boulevard the regu-
larity of steps by which the commissioners acquired the
street need not be shown......
fact that ordinance confines an assessment to contiguous
property does not make it a special tax.....
a lot owner may be estopped to question the description of
his property in an assessment roll though plat of same is
not recorded.......
a mere inaccuracy of description in an improvement ordi-
nance, which may be cured by reference to an attached
plat, does not invalidate the ordinance...
an assessment ordinance need not show that the improve-
ment will be beneficial.......
the fact that street to be improved contains a jog does not
make the improvement double...................
an assessment against property may be set aside by agree-
ment between petitioner and owner.......
in the absence of fraud or collusion the setting aside, by
agreement, of the assessment against one property does
not invalidate the assessment on others ...
notice of park commissioners' application for confirmation
need be published but once.....
what facts will not vitiate estimate of cost..
when an ordinance will not be held void, as providing for a
general improvement.
a special assessment for a permanent improvement should
be borne ratably by life tenant and remainder-man...... 547
special findings that testator possessed sufficient mental
capacity to transact ordinary business are not necessa-
rily inconsistent with verdict against validity of will.... 15
the Civil Service act of 1895 is not special legislation............ 45
a special assessment may be levied on contiguous property
without thereby becoming a special tax..
a judgment for special taxes is a judgment in rem, and can
lawfully operate only against the particular tract against
which the tax is assessed.....
judgment ordering a sale of lots for the total tax assessed
against them collectively is unauthorized...
that part of section 13 of the Sidewalk act of 1875 which
creates personal liability against an abutting owner for
a sidewalk tax is unconstitutional....
SPECIAL TAXATION.-Continued.
appearing and defending application for judgment of sale
for taxes does not subject owner to personal judgment.. 182
when report of sidewalk tax is too insufficient to make a
prima facie case on application for judgment of sale...... 182
a general sidewalk ordinance may be incorporated in a sub-
sequent special taxation ordinance by reference.................... 182
where sidewalk ordinance provides for notifying owners to
build walk such notice must be given before the owner
can be put in default......
amendment of 1895 to section 17 of article 9 of City and Vil-
lage act governs proceeding to confirm a special tax..... 454
a "special benefit" is an increase in the market value occa-
sioned by the improvement.....
a verdict by the jury as to special benefits will not be dis-
turbed on appeal, unless clearly against the evidence ... 455
a vendor seeking specific performance must show a clear
right to the relief prayed.....
specific performance should not be decreed unless the con-
tract was fairly entered into, without misapprehension,
misrepresentation or oppression ................
to defeat a specific performance the evidence need not be
such as would warrant cancellation of the contract...... 264
enjoining breach of contract is a negative specific enforce-
ment of its terms.....
a breach of contract cannot be enjoined if the contract
could not be specifically enforced.......
equity will not enforce, either affirmatively or negatively,
a contract against public policy.....
a contract must be clear, certain and unambiguous in its
terms to authorize a decree of specific performance... 497
it is not sufficient to show that a contract of some kind ex-
ists which has been partly performed, but the contract
must be proved......
oral contract to convey land may be specifically enforced
when sufficiently performed to take contract out of oper-
ation of the Statute of Frauds.....
part performance of a contract cannot be specifically en-
forced unless the provisions of the contract are severable. 624
a mere belief in spiritualism does not show want of testa-
mentary capacity.....
a will prompted by an insane delusion that the beneficiary
is a divinity or possessed of supernatural powers cannot
be sustained..
where bill for specific performance shows that part of the
contract to convey rests in parol, the defense of Statute
of Frauds may be raised by demurrer....
556
Statute of Frauds cannot be invoked to perpetrate a fraud. 556
on demurrer, the question whether the facts alleged in bill
for specific performance of oral contract to convey show
sufficient part performance is for the court.....
oral contract to convey land may be specifically enforced
when sufficiently performed to take the contract out of
the operation of the Statute of Frauds......
STATUTE OF LIMITATIONS.-See LIMITATIONS, STATUTE
OF.
STATUTES.-See CONSTITUTIONAL LAW; CONSTRUCTION.
the Park act of 1895 did not repeal the Park act of 1873... 146
Park acts of 1895 and 1873 do not duplicate municipal au-
thority over same territory......
statutes in pari materia are to be construed together.....
STOCKHOLDERS.-See CORPORATIONS.
contract by a street railway company which prevents dis-
charge of duty to public is void, as against public policy. 391
a contract between street railway companies which is, in
effect, an agreement never to invade each other's terri-
tory, is void, as against public policy...
fact that a street railway company is not bound to extend
its tracks does not authorize it to contract not to do so.. 391
equity will not enforce, either affirmatively or negatively,
a contract against public policy........................
the construction and operation of a steam railroad in a
public street constitutes an additional servitude... .... 508
steam railroad cannot use public street, where the fee is in
abutting owner, without condemning his interest........ 508
fact that city has authorized steam railroad to use public
street does not deprive owner of fee in street of his right
to compensation...........
owner of fee in public street may enjoin construction of
steam railroad where his interest is not condemned...... 508
TAXES.-See SPECIAL ASSESSMENTS.
by adopting township organization the people assent to the
provisions of the law concerning the manner of ascer-
taining amount of corporate taxes needed...
the legislature can confer power to assess corporate taxes
only on officers constituting "corporate authorities" of
the municipality sought to be taxed..
term "corporate authorities" defined..
Cook county board is a proper corporate authority to as-
certain the amount of corporate tax necessary for towns
wholly within incorporated cities of such county........ 192
section 4 of article 4 of Township Organization act does
not infringe the rule requiring corporate taxes to be as-
sessed by corporate authorities..
what will not render road and bridge tax invalid
the collector's application for judgment of sale, if regular
in form, is prima facie sufficient to authorize judgment .. 249
judgment refusing sale for delinquent installment of as-
sessment on ground that ordinance was void is conclusive
as to other installments.......
what will not affect collector's prima facie case on applica-
tion for judgment of sale for taxes
Supreme Court will not award new trial because judgment
of sale for taxes is informal, but will direct an entry of
judgment in proper form....
words "for building purposes," used in act relating to school
tax levy, refer solely to the building of school houses and
matters incident thereto......
words "for educational purposes," used in an act relating
to school tax levy, cover all things other than building
school houses and matters incident thereto.....
a tax "for building purposes" cannot be applied to pay for
coal-sheds, painting and papering school house, janitor
service, fuel, stoves or stove repairs...........
a "building order” already paid out of general fund will not
support a subsequent levy for "building purposes”...... 284
what facts will not work forfeiture of a religious society's
exemption from taxation .....
fact that an ordinance confines assessment to contiguous
property does not make it a special tax......
overseer's failure to notify party to work out his road tax
is a denial of a substantial right and vitiates the levy... 525
a valid certificate of school tax levy by the school board is
essential to the legality of the tax............
certificate of school tax levy may be amended to show the
facts, on application for judgment of sale..
amendment of certificate of school tax levy does not vital-
ize tax, if it then fails to show it was authorized........ 544
life tenant must pay annual taxes against the property... 547
special assessments are not regarded as ordinary taxes, but
as an equivalent for benefits in the form of an increased
value of the property ....
a special assessment for a permanent improvement should
be borne ratably by life tenant and remainder-man...... 547
the statute imposes an absolute duty on the county board
to review assessment of property on owner's complaint of
over-valuation by the assessor.......
mandamus will lie to compel county board to act on com-
plaint of owner of over-valuation of property by assessor. 563.
a tax cannot be enjoined merely because the county board
refused to review the assessment for alleged over-valua-
tion by the assessor...
TENANCY.-See LANDLORD AND TENANT.
a partition decree will not be reversed at the instance of a
tenant where record fails to show duration of tenancy... 495
life tenant must pay annual taxes against the property... 547
special assessments are not regarded as ordinary taxes, but
as an equivalent for benefits in the form of an increased
value of the property ...
..... 547
a special assessment for a permanent improvement should
be borne ratably by life tenant and remainder-man...... 517
TOWNS.-See MUNICIPAL CORPORATIONS.
legislature has power to provide for management of affairs
in counties under township organization.....
by adopting township organization the people assent to the
provisions of the law concerning manner of ascertaining
the amount of corporate taxes to be levied.
term "corporate authorities" defined......
legislature can confer power to assess corporate taxes only
on officers constituting corporate authorities of munici-
pality sought to be taxed....
Cook county board is a proper corporate authority to as-
certain the amount of corporate tax necessary in towns
wholly within incorporated cities of such county........ 192
section 4 of article 4 of Township Organization act is con-
stitutional, and does not infringe rule that corporate au-
thorities must assess corporate taxes
section 7 of article 13 of Township Organization act is con-
stitutional..
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