United States Supreme Court Cases & Opinions

U.S. Supreme Court

Willoughby v. Chicago, 235 U.S. 45 (1914)

Willoughby v. City of Chicago

No. 6

Motion to dismiss submitted November 6, 1914

Decided November 16, 1914

235 U.S. 45

Syllabus

Where the constitutional question is obvious from the beginning and is not open in the supreme court of the state unless taken on the trial, it cannot be considered here unless it was so taken. Hulbert v. Chicago, 202 U. S. 275.

Where an assessment could have been levied for a past improvement against the original owners, purchasers take subject to the same liability, and such an assessment does not deprive them of their property without due process of law. Seattle v. Kelleher, 195 U. S. 351.

Whether a particular assessment could have been levied for past improvements if the property had not been sold depends upon the construction of state statutes, as to which this Court follows the decisions of the state courts.

The overruling of its earlier decisions by the state court does not amount to deprivation of property without due process of law where no vested rights are interfered with. Muhlker v. Harlem R. Co., 197 U. S. 544, distinguished.

On writ of error based on the claim that there was no power to make the assessment, this Court cannot inquire into the facts as found by the state court in regard to value of the land taken for, and the extent of the benefit conferred by, the improvement for which the land has been assessed.

Writ of error to review 249 Ill. 249 dismissed.

The facts, which involve the jurisdiction of this Court under § 237, Judicial Code, to review a judgment of the state court confirming a street widening assessment, are stated in the opinion.

Page 235 U. S. 48