{ "id": 3339443, "name": "Michael R. Drennen v. The People ex rel. Lewis C. Price, County Treasurer", "name_abbreviation": "Drennen v. People ex rel. Price", "decision_date": "1906-10-23", "docket_number": "", "first_page": "592", "last_page": "594", "citations": [ { "type": "official", "cite": "222 Ill. 592" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "188 Ill. 92", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 3233808 ], "opinion_index": 0, "case_paths": [ "/ill/188/0092-01" ] }, { "cite": "202 Ill. 480", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 847177 ], "weight": 2, "pin_cites": [ { "page": "543" } ], "opinion_index": 0, "case_paths": [ "/ill/202/0480-01" ] }, { "cite": "174 Ill. 46", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5539315 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ill/174/0046-01" ] } ], "analysis": { "cardinality": 287, "char_count": 6146, "ocr_confidence": 0.712, "pagerank": { "raw": 9.707080592875624e-08, "percentile": 0.5299774233941824 }, "sha256": "0854c2710f26294c263b30fd0670a0dad48c23edd47ee50b83a0fec59d40e725", "simhash": "1:8714ca20f1d2ffd6", "word_count": 1119 }, "last_updated": "2023-07-14T19:26:01.730945+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Michael R. Drennen v. The People ex rel. Lewis C. Price, County Treasurer." ], "opinions": [ { "text": "Mr. Justice Farmer\ndelivered the opinion of the court:\nThis is a writ of error to the county court of Lake county to reverse a judgment and order of sale entered by default in that court against certain property in Highland Park for a special tax for the construction of a sidewalk.\nIt is first objected that the printed list of delinquent lands and lots, with the certificate, under oath, of the publisher as to due publication as required by law, and which the law requires to be presented by the collector to the county court when judgment is prayed and a copy thereof filed as a part of the records of said court, was not filed with the clerk of the county court nor as a part of the records of said court. The record shows it was \u201cfiled in the office of the county clerk and ex officio clerk of the county court of said county.\u201d This is not a compliance with the statute requiring it to be filed \u201cas a part of the records of said court.\u201d\nIt is contended by defendant in error that as the law required the list to be filed as a part of the records of the county court, it must be presumed that the clerk did his duty and filed it in the office of the clerk of the county court. We think no such presumption can be indulged in the state of this record. If the recital was that the certificate was filed in the office of the county clerk, with the addition of no other words, it would clearly not be a compliance with the statute.' The words \u201cand ex officio clerk of the county court,\u201d immediately following \u201ccounty clerk,\u201d leave it very uncertain as to where the list was filed. Whether it was filed in the office of the county clerk, who is also ex officio clerk of the county court, or whether it was filed in the office of the county clerk and in the office of the cx officio clerk of the county court, is by no means clear. In McChesney v. People, 174 Ill. 46, it was held that the act requiring the list to be filed as a part of the records of the county court is mandatory and essential in order to give the court jurisdiction. In that case it was said: \u201cTh\u00e9 offices [of county clerk and clerk of the county court] are separate and distinct, although by the statute they are filled by the same person. In the different offices he has charge of two different and separate sets of records pertaining to different jurisdictions. The records in the office of the county clerk are not records of the county court, and filing a paper in that office does not make it a part of the records of that court.\u201d The original paper containing the delinquent list has been certified up to us, and the file-mark thereon is: \u201cFiled May 31, /04,\u2014A. C. Hendee, clerk.\u201d The fact that its due publication was sworn to before the clerk, who signed his name to the jurat \u201cA. L. Hendee, clerk of the county court,\u201d cannot, as contended by the defendant in error, aid the defect. McChesney v. People, supra, was approved and followed in Glos v. Woodard, 202 Ill. 480, Nowlin v. People, 216 id. 543, and Glos v. Hanford, 212 id. 261.\nIt is next objected that the published delinquent list was defective in not complying with the statute requiring the publication of the year or years for which the delinquent taxes are due. On the first page of the paper containing the delinquent list, and preceding the first column of said list, is the notice of the collector that he would apply to the county court of Lake county, to the June term, 1904, \u201cfor judgment against the lands and lots mentioned and described in the following list of delinquent lands and lots, for the taxes, special taxes, back taxes, personal taxes, special assessments, interest and costs due severally thereon for the years 1903 and 1904, and previous years when unpaid, and for an order. to sell said lands and lots for the satisfaction thereof.\u201d At the end of said delinquent list said county treasurer and ex officio collector of taxes certified \u201cthat the foregoing is a list of delinquent lands and lots upon which taxes remain due and unpaid for the years 1902 and 1903 and previous years.\u201d The statement that application for judgment would be made for the taxes for certain specified years and previous years is not a compliance with the statute that \u201csaid advertisement * * * shall contain a list of the delinquent lands and lots upon which the taxes or special assessments remain due and unpaid * * * and the year or years for which the same are due.\u201d Gage v. People, 188 Ill. 92.\nSome other objections are made to the validity of this judgment, but as it must be reversed for the reasons indicated we deem it unnecessary to discuss them.\nThe judgment of the county court is reversed.\nJudgment reversed\u00bb", "type": "majority", "author": "Mr. Justice Farmer" } ], "attorneys": [ "George W. Wilbur, for plaintiff in error.", "Leslie P. Hanna, State\u2019s Attorney, and Smoot & Eyer, for defendant in error." ], "corrections": "", "head_matter": "Michael R. Drennen v. The People ex rel. Lewis C. Price, County Treasurer.\nOpinion filed October 23, 1906.\n1. Special, taxation\u2014printed delinqtient list must be Med as part of records of the county court. Filing the printed delinquent list and publisher\u2019s certificate \u201cin the. office of the county clerk and ex officio clerk of the county court\u201d is not a compliance with the statute requiring the same to be filed as part of the records of the county court.\n2. Same\u2014what does not aid defect in Ming the delinquent list. Where the paper containing the delinquent list is marked, \u201cFiled May 31, \u201904.\u2014A. C. Hendee, Clerk,\u201d the fact that its due publication is sworn to before the clerk who signed his name to the jurat \u201cA. L. Hendee, Clerk of the County Court,\u201d does not aid the defect as respects the failure to show the filing of the paper as part of the records of the county court.\n3. Same\u2014advertisement should show years for which taxes are due. A statement in the advertisement of a delinquent list that the taxes remaining unpaid are for certain specified years \u201cand previous years,\u201d is not a compliance with the statute requiring the advertisement to contain the list of lands upon which taxes remain due and unpaid \u201cand the year or years for which the same are due.\u201d\nWrit of Error to the County Court of Lake county; the Hon. D. L. Jones, Judge, presiding.\nGeorge W. Wilbur, for plaintiff in error.\nLeslie P. Hanna, State\u2019s Attorney, and Smoot & Eyer, for defendant in error." }, "file_name": "0592-01", "first_page_order": 592, "last_page_order": 594 }