City of Quincy v. Ballance
Illinois Supreme Court
This was a suit by plaintiff in error before police magistrate of the city of Quincy, for violation of city ordinances regulating the sale of fresh meats in the city of Quincy. Defendant in error moved to dismiss suit for want of a bond for costs. Motion overruled. Trial, and judgment against defendant in error. Appeal by defendant to Circuit Court. Defendant renews motion to dismiss in Circuit Court, and cause dismissed ; and judgment against plaintiff for costs of suit.
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This was a suit by plaintiff in error before police magistrate of the city of Quincy, for violation of city ordinances regulating the sale of fresh meats in the city of Quincy. Defendant in error moved to dismiss suit for want of a bond for costs. Motion overruled. Trial, and judgment against defendant in error. Appeal by defendant to Circuit Court. Defendant renews motion to dismiss in Circuit Court, and cause dismissed ; and judgment against plaintiff for costs of suit. The bill of exceptions shows, that on the hearing of motion in the Circuit Court, “it was admitted that no bond for costs…
1Opinion of the CourtCaton, C. J.
The only question in this case is, whether city ordinances imposing penalties for certain acts are penal statutes within the meaning of our law which requires security for costs to be given in prosecutions under penal statutes. This question was directly raised and expressly decided in the case of the Town of Lewistown v. Proctor, 23 Ill. 533. We have, upon the argument of this case, reconsidered the question, and are still of the opinion, that it was not the intention of the legislature, in the enactment of that law, to embrace within it city ordinances.
The judgment must be reversed, and the…
2Cases cited1 opinion
- Town of Lewiston v. ProctorIllinois Supreme Court · 1860
3Cited by3 opinions
- Emerson v. McNeilSupreme Court of Arkansas · 1907
- Fortune v. Incorporated Town of WilburtonCourt of Appeals for the Eighth Circuit · 1905
- Illinois Central Railroad v. FoulksAppellate Court of Illinois · 1900