Opinion
Gen. No. 42,919. (Abstract of Decision.)
Opinion filed February 28, 1944 Rehearing denied March 14, 1944
MANDAMUS, § 83 — necessary parties to proceeding relating to unpaid instalments of special assessments. In proceeding wherein there issued peremptory writs of mandamus ordering village and its officers to prepare and adopt ordinance for refunding and extension of time of payment of unpaid instalments of special assessments, made by village, and directing village attorney to file petition in county court, requesting that such special assessments and unpaid instalments thereof be refunded and extended as provided in section 86a of Local Improvement Act, held that certain taxing bodies and districts, which had levied general real estate taxes upon all or part of taxable property in village, were neither necessary nor proper parties defendant to proceeding and that court's denial of defendants' motion to make them such was not error, only relief sought having been against village and its officers to compel them to institute proceedings in county court where rights of all parties affected by refunding and extension of assessments would be determined (Ill. Rev. Stat. 1943, ch. 24, par. 84 — 86a; Jones Ill. Stats. Ann. 21.2309).
See Callaghan's Illinois Digest, name topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.
Orders affirmed. Heard in the first division, first district, this court at the October term, 1943.
George Sass and Kinne, Scovel, Robson and Murphy, for certain appellants;
Bluford, Krinsley, Schultz Voorheis, for certain other appellants;
Raymond Harkrider, of counsel;
McCulloch McCulloch, for appellee;
Hugh W. McCulloch, of counsel.
Not to be published in full. Opinion filed February 28, 1944; rehearing denied March 14, 1944.