{
  "id": 3134183,
  "name": "Frank Kirchman et al. v. The People ex rel. Kochersperger, County Treasurer",
  "name_abbreviation": "Kirchman v. People ex rel. Kochersperger",
  "decision_date": "1896-01-20",
  "docket_number": "",
  "first_page": "321",
  "last_page": "322",
  "citations": [
    {
      "type": "official",
      "cite": "159 Ill. 321"
    }
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  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "155 Ill. 307",
      "category": "reporters:state",
      "reporter": "Ill.",
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        839724
      ],
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    {
      "cite": "155 Ill. 307",
      "category": "reporters:state",
      "reporter": "Ill.",
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        839724
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  "last_updated": "2023-07-14T17:10:38.756197+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Frank Kirchman et al. v. The People ex rel. Kochersperger, County Treasurer."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court:\nThis was an application by the county treasurer of Cook county for a judgment of sale against certain lands of appellants and others upon a delinquent special assessment. This appeal is from the judgment rendered upon that application.\nTwo objections are urged to the judgment, the first of which is that the certificate- of publication of the delinquent list is insufficient. Precisely the same question is found in Hertig v. People ex rel. (ante, p. 237,) where it is decided adversely to appellants.\nThe second objection is, that in the record of the confirmation proceeding it does not appear that the commissioners gave ten days\u2019 notice of the application for judgment of confirmation. In the confirmation proceeding no objections were filed by appellants and no bill of exceptions was taken. The judgment was by default. The record of the judgment of confirmation recites: \u201cIt appearing to the court that the commissioners heretofore appointed to make said assessment have complied with all the requirements of the law as to posting and sending notices to the owners of the property assessed, and that . \u2022J due notice, as required by law, has been given of this application, and of the making and return of the said assessment, and of the time for the final hearing thereon,\u201d etc. There is nothing in the affidavit of the commissioners tending to show that the notices were not mailed in proper time, and in view of the findings of the county court in the confirmation proceeding it must be presumed that court had before it evidence to show that the notices were mailed in apt time. This case, upon that point, is governed by Perry v. People, 155 Ill. 307.\nThe judgment is affirmed. judgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "William J. Donlin, and Charles T. Mason, for appellants."
    ],
    "corrections": "",
    "head_matter": "Frank Kirchman et al. v. The People ex rel. Kochersperger, County Treasurer.\nFiled at Ottawa January 20, 1896.\n1. On the question of sufficiency of the certificate of publication this case is controlled by Hertig v. People, (ante, p. 237.)\n2. Judgments and decrees \u2014effect of recital of due notice in judgment. Recital in a default judgment of confirmation that the commissioners \u201chave complied with all the requirements of the law as to posting and sending notices to the owners of property assessed,\u201d etc., will sustain such judgment against a collateral attack in an application for judgment of sale for the delinquent assessment, based on insufficiency of such notice. Perry v. People, 155 Ill. 307, followed.\nAppeal from the County Court of Cook county; the Hon. O. 1ST. Carter, Judge, presiding.\nWilliam J. Donlin, and Charles T. Mason, for appellants."
  },
  "file_name": "0321-01",
  "first_page_order": 321,
  "last_page_order": 322
}