Happel v. Brethauer
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was a suit brought by George W. Brethauer against Charles F. Happel and Frederic Happel, before a justice of the peace. The demand indorsed on the justice's summons was $200. The other facts of the ease appear in the opinion of the court.
1Opinion of the Court · ThorntonJustice Thornton
The parties in this case stipulated that the “Act to increase the jurisdiction of justices of the peace and police magistrates,” (Sess. Laws 1871-2, p. 548,) and in force July 1,1871, had not been passed in conformity* with the requirements of the constitution. No other proof was submitted, as to the admitted fact.
The court can not act upon such evidence, in determining the constitutionality of a law. If such a rule was adopted, the entire statute might be abrogated by agreement.
We must take the law as we find it written in the statute. If the constitution has not been complied with in its…
Also in this document: Opinion of the Court · Scholfield.
2Cases cited1 opinion
- Clark v. WhitbeckIllinois Supreme Court · 1853
3Cited by15 opinions
- Gatlin v. Town of TarboroSupreme Court of North Carolina · 1878
- Attorney General v. RiceMichigan Supreme Court · 1887
- Wilkes County v. ColerSupreme Court of the United States · 1901
- Wise v. BiggerSupreme Court of Virginia · 1884
- Fullington v. WilliamsSupreme Court of Georgia · 1896
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