Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 203

Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 203

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...to refund the sum paid under the terms of the ordinance, and the question was one of law for the court, regardless of the erroneous conclusion of the pleader. 2. LIMITATION or ACTIONS, 103--necessity of pleading arresting of statute. If the running of the statute of limitations has been arrested in any manner, that is matter of defense and need not be anticipated in the initial pleading. 3. LIMITATION or ACTIONS, 10-i--how defect in count setting up running of statute may be availed of. That a count setting up the running of the statute of limitations is bad because not negativing the exceptions, if any exist, which arrest the running of the statute, cannot be reached by demurrer but must he availed of by plea. 4. MUNICIPAL CORPORATIONS, 926--/when person procuring vacation of alley under ordinance is estopped to question right of city to collect compensation therefor. Where a city ordinance provided that the vacation of an alley made therein should be upon the express condition that a certain party paid a certain amount within a certain" time, and the party paid the amount within the time, such party is estopped from questioning the power of the city to exact such payment from him. 5. MUNICIPAL CORPORATIONS, 926--when party paying 'money in consideration of vacation of alley may not recover it. The terms of a city ordinance vacating a. certain alley upon the express condition that a certain party pay a certain amount within a certain time are regulative of the rights of the parties, and in the absence of a provision therein for the return oi'. the money paid by such party he cannot maintain an action at law for its recovery. 6. ASEUMPSIT, ACTION or, 49"'--'w-hen money paid...show more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236826620
  • 9781236826626