Beesman v. City of Peoria
Illinois Supreme Court
On the 27th March, 1850, Pleyl, city marshal of Peoria, made a complaint against Beesman, before" the mayor of the city of Peoria, for keeping open a grocery on Sunday, contrary to an ordinance of said city. The cause was tried before the mayor, and defendant fined $25. He appealed to the Circuit Court. Nov. 12,1851, Kellogg, Judge, presiding, the cause was tried in the Circuit Court, and judgment rendered in that court for the same sum of $25, and costs.
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On the 27th March, 1850, Pleyl, city marshal of Peoria, made a complaint against Beesman, before" the mayor of the city of Peoria, for keeping open a grocery on Sunday, contrary to an ordinance of said city. The cause was tried before the mayor, and defendant fined $25. He appealed to the Circuit Court. Nov. 12,1851, Kellogg, Judge, presiding, the cause was tried in the Circuit Court, and judgment rendered in that court for the same sum of $25, and costs. Errors assigned: First, The Circuit Court erred in entertaining jurisdiction of this cause. Second, Said court erred in rendering judgment…
1Opinion of the CourtSoates, C. J.
The mayor of the city of Peoria lias no judicial power under the constitution, and can have none, as settled in The State, ex rel. City of Rockford, v. Maynard, 14 Ill. R. 420. Having no,power to enter judgment of fine, an appeal can confer no jurisdiction of the offense upon the circuit court. Ginn v. Rodgers, 4 Gil. R. 134. Where the circuit court has no original, but only appellate, jurisdiction, consent can give none ; it must be by appeal, and, to acquire it by appeal, the court below must have original jurisdiction. 4 Gil R. 134.
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2Cited by8 opinions
- Robertson v. WheelerIllinois Supreme Court · 1896
- Commissioners of Highways v. SmithIllinois Supreme Court · 1905
- Stubbings v. City of EvanstonIllinois Supreme Court · 1895
- Village of Hammond v. LeavittIllinois Supreme Court · 1899
- Gary v. SensemanAppellate Court of Illinois · 1919
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