Town of Lewiston v. Proctor
Illinois Supreme Court
These were complaints against Proctor, for a violation of certain ordinances of the town of Lewiston, prohibiting an incumbrance of the streets of that town, returnable before one Job K. Sweet, as the police justice of said town. Judgments were pronounced against Porter, who took an appeal to the Circuit Court of Fulton county.
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These were complaints against Proctor, for a violation of certain ordinances of the town of Lewiston, prohibiting an incumbrance of the streets of that town, returnable before one Job K. Sweet, as the police justice of said town. Judgments were pronounced against Porter, who took an appeal to the Circuit Court of Fulton county. At the June term of the Fulton Circuit Court, before Bailey, Judge, the plaintiff moved to dismiss the appeal for the following reasons: 1st. The appeal was not taken in time provided by law for appeals in such cases. 2nd, The bond does not describe the same judgment…
1Opinion of the CourtCaton, C. J.
The statute requiring security for costs to be given in actions on penal statutes, does not in our opinion apply to actions brought by municipal corporations for violation of town or city ordinances. Such ordinances are not statutes within the meaning of that act.
In the view we take of this case, it is quite immaterial whether that section of the Lewiston charter which authorizes the election of a police magistrate for the term of two years, was void or not. We held, in Welch’s case, that police magistrates are justices of the peace. And as such, the justice before whom these actions were…
2Cited by8 opinions
- People ex rel. Fuller v. HilliardIllinois Supreme Court · 1862
- President of Jacksonville v. BlockIllinois Supreme Court · 1865
- State ex rel. Meek v. GleasonSupreme Court of Florida · 1868
- Emerson v. McNeilSupreme Court of Arkansas · 1907
- ParksMontana Supreme Court · 1880
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