Boal v. City of Chicago

Full title: Ayres Boal, Appellant, v. City of Chicago et al., Appellees

Court: Appellate Court of Illinois

Date published: Feb 20, 1947

330 Ill. App. 614 (Ill. App. Ct. 1947)

71 N.E.2d 908

Opinion

Gen. No. 43,730. (Abstract of Decision.)

Opinion filed February 20, 1947 Released for publication March 28, 1947

LOCAL IMPROVEMENTS AND ASSESSMENTS, § 211.1^_ — bar of limitation on landowner's action for interest on judgments. Where principal of judgments recovered by plaintiff in proceeding under Local Improvement Act had been satisfied, plaintiff's action to collect interest on judgments, instituted after five-year statute of limitations had run, was properly dismissed since plaintiff's contention that his action was not barred because section 42a of Local Improvement Act established direct trust for benefit of landowner whose property was taken for improvement, was without merit (Ill. Rev. Stat. 1945, ch. 24, par. 84-42a; Jones Ill. State. Ann. 21.2252).

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.

Judgment order affirmed. Heard in the second division, first district, this court at the April term, 1946.

Mason Mason, for appellant;

George A. Mason, of counsel;

Barnet Hodes, Corporation Counsel, for appellees;

J. Herzl Segal, Head of Appeals and Review Division, of counsel.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed February 20, 1947; released for publication March 28, 1947.