Citations
- 94 Ill. App. 561
Full opinion text
Mr. Presiding Justice Adams
delivered the opinion of the court.
The question presented by this record is, whether or not the court erred in overruling appellant’s demurrer to appellee’s declaration. The gist of the plaintiff’s action is, as alleged in each count of the declaration, that the city, in willful disregard of the rights of the holders of the warrants set out in the declaration, and without making any provision for the payment thereof, wrongfully caused the petitions to be dismissed, and all proceedings in relation to the assessments to be abandoned.
That this is the gist of the action is conceded by appellee’s counsel in their argument. They say :
“ This is an action in case against the defendant based on its wrongful act in failing to collect certain special assessments, or make any other provision for the payment of the commissioners for services rendered by them, in making and spreading sundry special assessments particularly described in the declaration.”
The action is