President of the Town of Jacksonville v. Holland
Illinois Supreme Court
ERROR TO MORGAN. Plaintiffs sued the defendants in debt, before a justice of the peace, for penalties incurred in breach of ordinance relating to sale of spirituous liquors, and recovered a judgment of $40; from which the defendants appealed; and on trial in the Circuit Court, a verdict was found for the defendants, and judgment entered thereon in their favor.
Read the full summary
ERROR TO MORGAN. Plaintiffs sued the defendants in debt, before a justice of the peace, for penalties incurred in breach of ordinance relating to sale of spirituous liquors, and recovered a judgment of $40; from which the defendants appealed; and on trial in the Circuit Court, a verdict was found for the defendants, and judgment entered thereon in their favor. The defendants proved that they and one Eitzsimmons were partners in the establishment at which the' whisky was sold, and when it was sold; and this being all the evidence in the case, at the instance of the defendants the court gave…
1Opinion of the CourtBreese, J.
This court has already passed upon the validity of the ordinance of the town of Jacksonville, declaring groceries for the sale of intoxicating drinks nuisances. The fact that the liquor, in this case, was jointly owned by three persons, only two of whom are sued, was considered by the Circuit Court a fatal objection to a recovery, and the court gave instructions to that effect to the jury.
Assimilating it to a case of contract where all the parties in interest must sue and be sued, is the reason, doubtless, why such instructions were given.
We think it is wholly immaterial who owned the liquor…
2Cited by4 opinions
- Graham v. AndersonIllinois Supreme Court · 1867
- Gunnarssohn v. City of SterlingIllinois Supreme Court · 1879
- Block v. President of JacksonvilleIllinois Supreme Court · 1865
- Howell v. EdmondsIllinois Supreme Court · 1868