Legal Opinion

President of Jacksonville v. Block

Illinois Supreme Court

Decided January 15, 1865PublishedCited by 12 opinions

Writ of Error to the Circuit Court of Morgan county; the Hon. D. M. Woodson, Judge, presiding. On the 27th day of June, 1862, the plaintiffs commenced their suit in debt against the defendants, for a penalty for alleged violations of an ordinance of the town of Jacksonville against the sale of intoxicating liquors within that town, before William Gr.

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Writ of Error to the Circuit Court of Morgan county; the Hon. D. M. Woodson, Judge, presiding. On the 27th day of June, 1862, the plaintiffs commenced their suit in debt against the defendants, for a penalty for alleged violations of an ordinance of the town of Jacksonville against the sale of intoxicating liquors within that town, before William Gr. Johnson, a justice of the peace, upon their written complaint, and account filed in said justice’s court against the defendants; and on the same day a writ in debt was issued in the cause-, duly served and returned, and by consent of both parties…

1Opinion of the CourtJustice Breese

The board of trustees of the town of Jacksonville, by the charter of the town, had power to pass ordinances and impose penalties for any violation of the same. Private Laws of 1849, p. 124.

Jurisdiction was conferred upon justices of the peace of the town in all cases arising under the charter, and growing out of by-laws made in pursuance of the same; and appeals and writs of certiorari were allowed from their judgments, in the same manner as they were allowed from judgments of justices of the peace in other cases.

At common law, when a penalty was incurred for a violation of a by-law of a…

2Cases cited3 opinions

  1. Town of Lewiston v. ProctorIllinois Supreme Court · 1860
  2. Ohio & Mississippi Railroad v. McCutchinIllinois Supreme Court · 1861
  3. Stephens v. CrossIllinois Supreme Court · 1861

3Cited by12 opinions

  1. People v. DummerIllinois Supreme Court · 1916
  2. Harbaugh v. City of MonmouthIllinois Supreme Court · 1874
  3. City of Chicago v. LordAppellate Court of Illinois · 1954
  4. Town of Partridge v. SnyderIllinois Supreme Court · 1875
  5. City of Chicago v. EnrightAppellate Court of Illinois · 1888

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