Booth v. Town of Carthage
Illinois Supreme Court
Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was an action brought by the town of Carthage against the appellant, before the police magistrate, and taken by appeal to the circuit court, where a trial was had, resulting in a verdict and judgment in favor of the plaintiff for §100. The suit was commenced under the following written complaint : [[Image here]] Thomas C. Sharp, town attorney, complains of James Booth, that,…
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Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was an action brought by the town of Carthage against the appellant, before the police magistrate, and taken by appeal to the circuit court, where a trial was had, resulting in a verdict and judgment in favor of the plaintiff for §100. The suit was commenced under the following written complaint : [[Image here]] Thomas C. Sharp, town attorney, complains of James Booth, that, to-wit, between the 1st day of October, 1870, and the 23d day of January, 1871, at the county aforesaid, and within the town…
1Opinion of the CourtJustice Breese
It is a correct principle, that a party can not be liable to a penalty imposed by an ordinance of an incorporated town, •unless it appears the ordinance took effect and was in force at the time the act complained of was committed. Newlan v. Town of Aurora, 14 Ill. 364, and 17 ib. 379. And that the provisions of the charter must have been complied with in passing it, and that fact shown to the court by proper proof, is also required. Trustees of Elizabethtown v. Lefler, 23 ib. 90.
Appellant did not make the specific objection that Ordinance 21. had not been published, as required by the…
2Cases cited3 opinions
- Culver v. Third National BankIllinois Supreme Court · 1872
- Boarad of Trustees v. City of ChicagoIllinois Supreme Court · 1853
- Newlan v. President & Trustees of AuroraIllinois Supreme Court · 1853
3Cited by4 opinions
- Schmalzried v. WhiteTennessee Supreme Court · 1896
- Indianapolis & Eastern Railway Co. v. Town of New CastleIndiana Court of Appeals · 1909
- City of Chicago v. Chicago River & Indiana RailroadAppellate Court of Illinois · 1938
- Kanouse v. Town of LexingtonAppellate Court of Illinois · 1883