Legal Opinion

Whalim v. City of Macomb

Illinois Supreme Court

Decided January 15, 1875PublishedCited by 11 opinions

Appeal from the Circuit Court of McDonough county; the Hon. Chauncey L. Higbee, Judge, presiding. This was a prosecution, by the city of Macomb, against Fergus Whalin, a licensed saloon keeper, for selling liquor contrary to the ordinance of the city regulating such sales by licensed persons. The suit was originally brought before a justice of the peace, and taken to the circuit court by appeal.

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Appeal from the Circuit Court of McDonough county; the Hon. Chauncey L. Higbee, Judge, presiding. This was a prosecution, by the city of Macomb, against Fergus Whalin, a licensed saloon keeper, for selling liquor contrary to the ordinance of the city regulating such sales by licensed persons. The suit was originally brought before a justice of the peace, and taken to the circuit court by appeal. Section seven of the ordinance under which the suit was brought, is as follows: ‘•Any person or persons who have obtained a license to keep a grocery under the provisions of this ordinance, as…

1Opinion of the CourtJustice Scholfield

There are but íavo grounds of reversal insisted on in the ai-gument filed on behalf of appellant, and they may be briefly disposed of.

First—It is argued that by section 28 of the charter of the city of Macomb, a digest of the ordinances of the city is required to be published in one year after granting the charter, and a like digest within every period of five years thereafter ; and that this duty has been disregarded by the city, as the last digest of its ordinances was published on the 13th of Ho-Arember, 1868

Whether it is intended to insist that the city has thereby forfeited its charter,…

2Cited by11 opinions

  1. Carrigan v. Illinois Liquor Control CommissionIllinois Supreme Court · 1960
  2. Allen v. City of DavenportSupreme Court of Iowa · 1898
  3. People Ex Rel. Larson v. ThompsonIllinois Supreme Court · 1941
  4. Moss-American, Inc. v. Illinois Fair Employment Practices CommissionAppellate Court of Illinois · 1974
  5. People v. DonaldsonIllinois Supreme Court · 1912

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