Opinion
Gen. No. 43,032. (Abstract of Decision.)
Opinion filed September 11, 1944.
LOCAL IMPROVEMENTS AND ASSESSMENTS, § 211.1 — when action for interest on judgment in condemnation proceeding not barred by limitations. Where judgment against city, in condemnation proceeding brought for widening of city street, was entered in 1927, judgment's face amount was paid by city in 1930, and action for interest on judgment was brought in 1933, held that city was liable for interest from date of entry of judgment until date of its payment and not merely for interest from date five years before action was begun until date of judgment's payment; that interest was due and payable at time of judgment's payment and that action, having been brought only little more than three years after such payment, was not barred by five-year statute of limitations (Ill. Rev. Stat. 1943, ch. 74, par. 3, ch. 77, par. 7, ch. 83, par. 16; Jones Ill. Stats. Ann. 67.03, 107.157, 107.275).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN J. PRYSTALSKI, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the April term, 1944.
George P. Latchford, Jr., of Chicago, for appellant;
Barnet Hodes, Corporation counsel, for appellee;
J. Herzl Segal and L. Louis Karton, Assistant corporation counsel, of counsel.
Not to be published in full. Opinion filed September 11, 1944.