The Cairo daily bulletin. (Cairo, Ill.) 1870-1872, 1871-06-21
THE STREET FILLING.
THE DECISION OF THE SUPREME
COURT IN THE CASE OF
FALLS V. TIE CITY.


State of Illinois. Supreme Court of jan
vision.
Walter Falls v. City of Cairo Appeal
from Alexander
Opinion of the Court by Mr.. Justice Sheldon.
This was an action Of assumpsit for
money had and received, brought to the
April term, A. ID. 1870, of the Alexander
Circuit Court by appellant against appel
lee, to recover back certain moneys paid
in 1868 as special assessments upon APP
pellants lots in the said city of Cairo.
In the year of 1867 the city of Cairo,
through the City Council, ordered Wash
ington avenue and Poplar street, two
streets Of the city, to be graded and filled.
To defray the expenses OF these improve
ments special assessment was laid upon
the lots fronting, bounding or abutting on
said streets. The appellant owned two lots
assessed in his name, which run through
from Poplar street to Washingtonavenue
and were assessed for the filling Of both
streets, and four other lots fronting on
Washington avenue, and assessed for the
filing Of said avenue. The assessments
were made by the Board of Public Works,
confirmed by the City Council, and war
directing the collection thereof. The
amounts assessed upon appellants lots
were not paid within the time fixed by the
City Council, and after publishing his lots
as delinquent judgment against each of
them was rendered in the County Court
Of Alexander county After the rendition
OF these judgments and the issuing of pre-
cepts to sell said lots, the appellant paid
al Int
amounting in the aggregate TO 81 ,602.5G.
The city then abandoned the collection of
the assessments in which were included ap.
pellants lots, and for the tlli ng of Poplar
street and Washington avenue, and after
applying the amounts collected by virtue
OF the special assessments, to the payment
Tor the hlling ard grading of said streets,
Issued the bonds Of the city in payment
Tor tho bal ance, and all property, real and
personal, in the city, is taxed to pay the
interest on these bonds, as we'll the lots
oil appellant, upon which he has paid his
assessment, as other property. To recover
oncN TINS amount with interest from date
VI payment the appellant brought this
sun, ana he insists upon the following
points, upon which he basis his right to
recover:
LIST, The assessments were illegal. I'M
constitutional and void.
"a. The payment of the assessments by
appellant was compulsory.
81 10 retain the money paid after an
Abandonment OF the assessments would be
IN violation OF the constitution, and con-
trary TO equity and good conscience.
4th, The consideration for which the
money was paid has wholly failed.
By reference to section 3, article 8, of
the Charter OF Cairo, private laws 1867,
vol. ], page 1882, We find the City Council
is empowered to cause any street to be
filled and graded, land to assess and col
lect the expense and cost of the same,
together with the expense of collection,
from the real property benefited thereby to
the extent Of the benefit SO conferred by
such improvement, the balance of the
cost Of such improvement to be paid out
of the improvement fund, said assessment
and collection to be made, us the City
Council may by ordinance direct"
TO carry into effect this provision of the
charter, an ordinance was passed by
the City Council, Section s of this ordi-
nance provides" After said contract has
been awarded or said material furnished
and work performed by the city, the Board
Of Public Works shall Immediately pro.
coed to make an assessment of the proper
proportions Of the expense and cost of such
Improvement upon each lot or part of lot
fronting, bounding or abutting upon the
street, avenue or highway or portion
of street, avenue or highway filled .
assessing TO each lot or portion of lot the
special benefit conferred by such improve