{
  "id": 5502099,
  "name": "H. Toberg et al. v. The City of Chicago",
  "name_abbreviation": "Toberg v. City of Chicago",
  "decision_date": "1897-01-19",
  "docket_number": "",
  "first_page": "572",
  "last_page": "573",
  "citations": [
    {
      "type": "official",
      "cite": "164 Ill. 572"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "161 Ill. 41",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3122944
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/161/0041-01"
      ]
    },
    {
      "cite": "139 Ill. 552",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3006348
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/139/0552-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T19:10:40.625786+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "H. Toberg et al. v. The City of Chicago."
    ],
    "opinions": [
      {
        "text": "Per Curiam:\nThis record is brought before us by\nplaintiffs in error to reverse the judgment of the county court of Cook county, entered in a special assessment proceeding against certain of their real estate, to pay the cost of curbing with curb-walls, filling, and paving with wooden blocks, Leavitt street, from West Eighteenth street to Blue Island avenue, in the city of-Chicago. Ho briefs have been filed by defendant in error. Plaintiffs in error did not appear in the court below, and judgment was entered by default.\nIt is pointed out that the certificate of publication of the notice of the assessment and of the final hearing is insufficient to show due publication of the notice as required by the statute. This point is well taken. The certificate states that the notice \u201chas been published five times in,\u201d etc., stating also the date of the first and last publications. The statute provides that the notice shall be published at least \u2018\u2018five successive days,\u201d and as was said in Evans v. People ex rel. 139 Ill. 552, \u201cfor aught that here appears this notice may have been published two or more times in different editions of the paper printed and published on the same day. The certificate should have followed the statute, and shown a publication on five successive days.\u201d To the same effect is Chandler v. People ex rel. 161 Ill. 41. For this error the judgment is reversed and the cause remanded.\nReversed and remanded.",
        "type": "majority",
        "author": "Per Curiam:"
      }
    ],
    "attorneys": [
      "Maher & Gilbert, for plaintiffs in error."
    ],
    "corrections": "",
    "head_matter": "H. Toberg et al. v. The City of Chicago.\nFiled at Ottawa January 19, 1897.\n1. Special assessments\u2014certificate reciting that notice was published \u201cfive times\u201d is insufficient. A certificate of publication reciting that a notice of assessment and final hearing had been published \u201cfive times\u201d is insufficient, as not showing a compliance with the statute requiring such notice to be published at least \u201cfive successive days.\u201d (Laws of 1885, p. 62.)\n2. S ame\u2014sufficient certificate of publication necessary to valid judgment of confirmation. A judgment of confirmation cannot be sustained, on appeal, though the defendants were defaulted at the hearing, where the certificate of publication of notice required by statute is insufficient.\nWrit of Error to the County Court of Cook county; the Hon. O. H. Carter, Judge, presiding.\nMaher & Gilbert, for plaintiffs in error."
  },
  "file_name": "0572-01",
  "first_page_order": 572,
  "last_page_order": 573
}