Legal Opinion

Town of Lewiston v. Proctor

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 31 opinions

This was an action commenced by complaint, before the police justice of the town of Lewiston, Fulton county, Illinois, for the violation of an ordinance, by placing and continuing obstructions, in one of the streets of said town. The police justice rendered judgment against the defendant, Proctor, from which he appealed to the Circuit Court of Fulton county.

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This was an action commenced by complaint, before the police justice of the town of Lewiston, Fulton county, Illinois, for the violation of an ordinance, by placing and continuing obstructions, in one of the streets of said town. The police justice rendered judgment against the defendant, Proctor, from which he appealed to the Circuit Court of Fulton county. From which court (the judge thereof having been of counsel in the cause), a change of venue was ordered, to Mason county. At the October term, 1861, of the Mason Circuit Court, a trial was had before the court, Harriott, Judge, and a…

1Opinion of the CourtWalker, J.

It is urged as grounds of reversal, that the court below rejected evidence, proper and pertinent to the issue. The plaintiff in error offered to read in evidence, the fifth section of the act of the 21st of February, 1852, which the court rejected, and exceptions were noted. To this decision we are unable to perceive any objection as its relevancy is not apparent. The ordinances creating the offense had been read to the jury without objection. Had an objection been interposed to the validity of these ordinances, then this section of the, statute would have been proper preliminary evidence, to…

2Cases cited1 opinion

  1. Dimon v. PeopleIllinois Supreme Court · 1856

3Cited by31 opinions

  1. City of Chicago v. JoyceIllinois Supreme Court · 1967
  2. Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
  3. J. C. Vereen & Sons, Inc. v. HouserSupreme Court of Florida · 1936
  4. Mitchell v. DeedsIllinois Supreme Court · 1867
  5. Township of Madison v. GallagherIllinois Supreme Court · 1895

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