{
  "id": 2681176,
  "name": "James D. Lehmer v. The People ex rel. H. B. Miller, Collector, etc.",
  "name_abbreviation": "Lehmer v. People ex rel. Miller",
  "decision_date": "1875-09",
  "docket_number": "",
  "first_page": "601",
  "last_page": "602",
  "citations": [
    {
      "type": "official",
      "cite": "80 Ill. 601"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 196,
    "char_count": 2724,
    "ocr_confidence": 0.516,
    "pagerank": {
      "raw": 4.029822821152524e-07,
      "percentile": 0.9069756576541721
    },
    "sha256": "ecfd291d9558d692402281b6c43a4b2eff8db2d9add3dffb80220f85b3322566",
    "simhash": "1:325aa62e3c0e456a",
    "word_count": 452
  },
  "last_updated": "2023-07-14T19:22:02.113516+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "James D. Lehmer v. The People ex rel. H. B. Miller, Collector, etc."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Breese\ndelivered the opinion of the Court:\nThis is an appeal from a judgment of the county court of Cook county, rendered for a special assessment levied and assessed upon certain lands and lots in the town of Lake, for the improvement of Parker\u2019s avenue, so called, and reported by the collector to be delinquent.\nSeveral objections were made on the application for judgment, none of which do we deem valid.\nAs to all matters preceding the application for judgment, they must, under the authority of The People v. Brislin, ante, p. 423, be considered res adjudicata, and not now to be again investigated.\nAs to the point made on the judgment, that the law authorizes but one judgment for taxes and special assessments, we fail to see in these proceedings any substantial departure from the provisions of the General \u00a1Revenue Law, not provided' for by the \u201c Act in relation to the collection of taxes and special assessments,\u201d in force May 2, 1873. Sess. Laws 1873, p. 69. See, also, The People, etc. v. Brislin, supra.\nThere is nothing in the point as to amendments of the assessment rolls. These were clearly clerical errors and omissions not affecting appellant\u2019s rights or interests in any manner.\nIt is too late now to inquire into the nature of Parker\u2019s avenue\u2014whether public or private. That objection should have been made when application for confirmation of the assessment was made, of which appellant had notice by publication. It is now res adjudieata. It must have been adjudged a public street when the order of confirmation was entered, and there is no appeal from that.\nWe fail to perceive any error in the judgment, and it must be affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Breese"
      }
    ],
    "attorneys": [
      "Mr. William Border, for the appellant.",
      "Messrs. Behrett, Kretzihger & Veeder, for the appellee."
    ],
    "corrections": "",
    "head_matter": "James D. Lehmer v. The People ex rel. H. B. Miller, Collector, etc.\n1. Special assessments\u2014matters preceding application for judgment not open. On application for judgment against real estate for a delinquent special assessment thereon, all matters preceding the application for judgment are res adjudicata, and not open to reinvestigation.\n3. Same\u2014amendment of Assessment rolls. There is no error in allowing amendments to be made in assessment rolls as to mere clerical errors and omissions not affecting a party\u2019s rights and interests.\n3. Same\u2014defense cut off by confirmation. It is too late, on application for judgment upon a special assessment, to show that the proposed improvement was private and not public. That objection' must be made before the assessment is confirmed, where the party has notice of the application for confirmation.\nAppeal from the County Court of Cook county; the Hon. M\u00e1rtir E. M. Wallace, Judge, presiding.\nMr. William Border, for the appellant.\nMessrs. Behrett, Kretzihger & Veeder, for the appellee."
  },
  "file_name": "0601-01",
  "first_page_order": 601,
  "last_page_order": 602
}