White v. Wagar
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This is an appeal from a judgment of the Appellate Court affirming a judgment of the circuit court of Cook county, wherein the circuit court, upon the petition of Milo H. Wagar, the appellee, for a writ of certiorari as at common law, entered a judgment that “the record and proceedings brought before it in the case of the People of the State of Illinois against No. 265 Fifth Avenue, Chicago, Cook county, Illinois, before…
1Opinion of the CourtJustice Craig
A justice of the peace in this State is a court of limited jurisdiction. It has and can exercise no powers except those conferred by the statute, and whenever it assumes jurisdiction in a case not conferred by the statute, its acts are null and void. (Moore’s Justice, p. 18, sec. 36; Robinson v. Harlan, 1 Scam. 237; Bowers v. Green, 1 id. 42; Evans v. Pierce, 2 id. 468.) It is also well settled that a justice of the peace has no jurisdiction to issue a search warrant except in cases provided by law. (Moore on Crim. Law, sec. 141; Cooley’s Const. Lim.—6th ed.—364.) It therefore becomes…
2Cases cited5 opinions
- Gundling v. City of ChicagoIllinois Supreme Court · 1898
- Langdon v. PeopleIllinois Supreme Court · 1890
- People ex rel. Loomis v. WilkinsonIllinois Supreme Court · 1852
- Shirk v. PeopleIllinois Supreme Court · 1887
- Cecil v. GreenIllinois Supreme Court · 1896
3Cited by29 opinions
- State v. PetersonWyoming Supreme Court · 1920
- United States v. MarescaDistrict Court, S.D. New York · 1920
- United States v. RembertDistrict Court, S.D. Texas · 1922
- Wallace v. StateIndiana Supreme Court · 1927
- Johnson v. StateCourt of Appeals of Georgia · 1965
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