Kuhle v. People
Appellate Court of Illinois
Scire Facias, on a forfeited recognizance. Appeal from the Circuit Court of Christian County; the Hon. Jacob Fouke, Judge, presiding. Heard in this court at the November term, 1895. Statement oe the Case.
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Scire Facias, on a forfeited recognizance. Appeal from the Circuit Court of Christian County; the Hon. Jacob Fouke, Judge, presiding. Heard in this court at the November term, 1895. Statement oe the Case. On May 7, 1895, Adam Crone was arrested on a criminal warrant and brought before F. O. Edler, an acting justice of the peace in and for Christian county, to answer a charge that he had violated the election laws of the State" by voting at an election at which he was not, as he well knew, a qualified voter. The investigation was continued by the justice until the 17th day of May, and said…
1Opinion of the Court
Me. J ustioe Boggs
delivered the opinion oe the Court.
The magistrate was an acting justice of the peace—a de. facto officer—and whether he was a lawfully elected and qualified justice could not be raised and determined in the action. Moreover, the appellant, by the recitals of the recognizance, admitted the officer was a justice of the peace. Therefore the plea he was not a justice was obnoxious to demurrer. People v. Meacham, 74 Ill. 292.
It appeared from the record of the proceedings before the justice, the appellant consented the recognizance “ should stand ” for the appearance of Crone on…
2Cases cited4 opinions
- Johnston v. PeopleIllinois Supreme Court · 1863
- State v. BenzionSupreme Court of Iowa · 1890
- Gallagher v. PeopleIllinois Supreme Court · 1878
- People v. MeachamIllinois Supreme Court · 1874