{
  "id": 3127810,
  "name": "Eugene S. Kimball v. The People ex rel. Kochersperger, County Treasurer",
  "name_abbreviation": "Kimball v. People ex rel. Kochersperger",
  "decision_date": "1896-03-28",
  "docket_number": "",
  "first_page": "653",
  "last_page": "654",
  "citations": [
    {
      "type": "official",
      "cite": "160 Ill. 653"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "159 Ill. 207",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3131931
      ],
      "weight": 2,
      "pin_cites": [
        {
          "page": "237"
        }
      ],
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        "/ill/159/0207-01"
      ]
    },
    {
      "cite": "157 Ill. 85",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3141372
      ],
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      "case_paths": [
        "/ill/157/0085-01"
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    {
      "cite": "159 Ill. 207",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3131931
      ],
      "weight": 2,
      "pin_cites": [
        {
          "page": "237"
        }
      ],
      "opinion_index": 0,
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        "/ill/159/0207-01"
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  "analysis": {
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  "last_updated": "2023-07-14T19:56:12.471606+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Eugene S. Kimball v. The People ex rel. Kochersperger, County Treasurer."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Phillips\ndelivered the opinion of the court:\n' This is an application by the county treasurer and ex officio collector of Cook county for judgment for a delinquent special assessment.\nThe first question presented is as to the sufficiency of the certificate of publication of notice for application for judgment. The first objection is, there is no venue to the certificate or affidavit made by Prank S. Weighley, \u201cpresident of The Mail;\u201d and second, the manner of signing the certificate (it appearing the newspaper is published by a corporation) is insufficient, as there is nothing showing the signer is the printer, publisher, financial officer or agent of said Mail. These questions were discussed and determined adversely to appellant\u2019s contention in Bass v. People ex rel. 159 Ill. 207, and Hertig v. People ex rel. id. 237.\nThe next objection urged to this judgment is based on the alleged fact that the original petition for making the assessment did not contain a copy of the ordinance or have the same attached thereto. This being a proceeding by the collector for judgment for special assessment taxes against appellant\u2019s property as delinquent, the sufficiency of the petition and proceedings for the special assessment cannot be collaterally attacked in this proceeding. (Fisher v. People ex rel. 157 Ill. 85, and authorities cited.) The question as to the sufficiency of the petition for special assessment is not a matter that can be inquired into\u2019 in this proceeding except for fraud.\n\"We find no error in the record, and the judgment is affirmed.\nJudgment affirmed:.",
        "type": "majority",
        "author": "Mr. Justice Phillips"
      }
    ],
    "attorneys": [
      "Rich & Stone, for appellant.",
      "J. D. Adair, for appellee."
    ],
    "corrections": "",
    "head_matter": "Eugene S. Kimball v. The People ex rel. Kochersperger, County Treasurer.\nFiled at Ottawa March 28, 1896.\n1. Taxes\u2014sufficiency of proof of publishing notice. On the question of the sufficiency of the certificate of publication of notice for application for,judgment for taxes, this case is controlled by Bass v. People ex rel. 159 Ill. 207, and Hertig v. People ex rel. id. 237.\n2. Same\u2014sufficiency of proceedings for special assessment\u2014collateral attack. The sufficiency of the petition and proceedings for a special assessment cannot be collaterally attacked in an application by the county treasurer for judgment for the delinquent assessment\nAppeal from the County Court of Cook county ; the Hon. O. N. Carter, Judge, presiding.\nRich & Stone, for appellant.\nJ. D. Adair, for appellee."
  },
  "file_name": "0653-01",
  "first_page_order": 653,
  "last_page_order": 654
}