Legal Opinion

Kettering v. City of Jacksonville

Illinois Supreme Court

Decided January 15, 1869PublishedCited by 34 opinions

Appeal from the Circuit Court of Sangamon county; the Hon. Edward Y. Rice, Judge, presiding. The City of Jacksonville instituted a prosecution before a justice of the peace in Morgan county, against Valentine Kettering, for an alleged violation of an ordinance of said city, prohibiting the sale of liquor and beer. The cause was removed into the Circuit Court of Morgan county by appeal, and subsequently to the Circuit Court of Sangamon county on change of venue.

Read the full summary

Appeal from the Circuit Court of Sangamon county; the Hon. Edward Y. Rice, Judge, presiding. The City of Jacksonville instituted a prosecution before a justice of the peace in Morgan county, against Valentine Kettering, for an alleged violation of an ordinance of said city, prohibiting the sale of liquor and beer. The cause was removed into the Circuit Court of Morgan county by appeal, and subsequently to the Circuit Court of Sangamon county on change of venue. Upon the trial below, the prosecution, to prove the publication of the ordinance in question, gave in evidence the following…

1Opinion of the CourtJustice Lawrence

This was a prosecution by the City of Jacksonville to recover a penalty for violation of an ordinance of the city, prohibiting the sale of liquor and beer.

The first objection, that the city was not a municipal corporation, because its. charter had never been published in Jacksonville, as required by its terms, is one that cannot be raised in this proceeding, as decided in President & Trustees of Mendota v. Thompson, 20 Ill. 200. The proof of the publication of the ordinance, in regard to which a point is also made, is such as the charter authorizes.

The main objection urged by appellant as a…

2Cited by34 opinions

  1. Graham v. City of GreenvilleTexas Supreme Court · 1886
  2. Ex parte CowertSupreme Court of Alabama · 1890
  3. People v. ArmstrongMichigan Supreme Court · 1889
  4. Burt v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1884
  5. Brennan v. City of WeatherfordTexas Supreme Court · 1880

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API