People v. Rubright
Appellate Court of Illinois
Appeal from the County Court of Whiteside county; the Hon. Henry C. Wabd, Judge, presiding. Heard in this court at the October term, 1910.
1Opinion of the CourtJustice Thompson
Appellants contend that the statute under which the information was filed is unconstitutional and that the taking of the bond was illegal and therefore void. The Supreme Court has passed on that question and said that a person under a recognizance to appear and answer a charge against him cannot disregard his obligation to appear, and afterwards, in a scire facias proceeding upon the forfeited recognizance, attempt to justify his default on the ground that the statute upon which the charge was based is unconstitutional, and for that reason it directed the case to be transferred to this court.…
2Cases cited12 opinions
- Faulk v. KellumsIllinois Supreme Court · 1870
- Meyer v. Village of TeutopolisIllinois Supreme Court · 1890
- Martin v. BarnhardtIllinois Supreme Court · 1865
- Metzger v. MorleyIllinois Supreme Court · 1900
- Fitzsimmons v. MunchAppellate Court of Illinois · 1898
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