Village of Hoffman Estates v. McWaters

(Before Downing, P. J., Stamos and Leighton, JJ.):

The Village of Hoffman Estates, plaintiff, appeals from an order dismissing a traffic accident case because it was not ready for tidal on the return date as required by Illinois Supreme Court Rule 504. (Ill. Rev. Stat. 1973, ch. 110A, par. 504.) Defendant has failed to appear or to file a brief with this Court.

The issues on appeal are whether a municipality has the right to prosecute, in its name, for a violation of the Illinois Vehicle Code, and whether the trial court erred in dismissing a traffic accident case for want of prosecution oil…