Moss v. Village of Oakland
Illinois Supreme Court
Appeal from the Circuit Court of Coles county; the Hon. Oliver L. Davis, Judge, presiding. This was an action of debt, brought by the village of Oakland, against Richard Moss, to recover for the breach of an ordinance to prohibit the sale of intoxicating liquor. The case originated before a justice of the peace, and was taken by appeal to the circuit court.
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Appeal from the Circuit Court of Coles county; the Hon. Oliver L. Davis, Judge, presiding. This was an action of debt, brought by the village of Oakland, against Richard Moss, to recover for the breach of an ordinance to prohibit the sale of intoxicating liquor. The case originated before a justice of the peace, and was taken by appeal to the circuit court. On the trial, the plaintiff offered in evidence the ordinance of the village, with the following certificate thereto attached: “ State of Illinois, \ Coks County. J “ I, J. W. Clement, clerk of the village of Oakland, do hereby certify…
1Opinion of the CourtJustice Scott
Ho question is made that defendant was guilty of a violation of the village ordinance, and was liable to the penalties imposed if the ordinance had been previously published as the law directs.
The certificate of the village clerk attached thereto is sufficient evidence of the due publication of the ordinance. Such certificate is expressly made evidence of that fact by the positive provisions of the statute. The question asked, whether the ordinance had ever been published in book or pamphlet form, or whether written notices of its passage had been posted in the village of Oakland, was…
2Cited by3 opinions
- Village of Atwood v. OtterIllinois Supreme Court · 1920
- City of Danville v. MabinAppellate Court of Illinois · 1895
- Joseph Chamberlain v. City of LitchfieldAppellate Court of Illinois · 1895