Johnston v. People
Illinois Supreme Court
"WRIT oe Error to the Circuit Court of the county of Jo Daviess; tbe Hon. BeitjamiN R. SheldoN, Judge, presiding. Charles McClellan having been arrested on a charge of larceny, was, on the oth day of June, 1861, brought before Henry C. Park, Esq., a justice of the peace in the county of Jo Daviess, for examination, and was required by the justice to enter into a recognizance for his appearance at the next term of the Circuit Court.
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"WRIT oe Error to the Circuit Court of the county of Jo Daviess; tbe Hon. BeitjamiN R. SheldoN, Judge, presiding. Charles McClellan having been arrested on a charge of larceny, was, on the oth day of June, 1861, brought before Henry C. Park, Esq., a justice of the peace in the county of Jo Daviess, for examination, and was required by the justice to enter into a recognizance for his appearance at the next term of the Circuit Court. Railing to comply with this requirement, the prisoner was committed to jail. On the 9th of the same month, which was Sunday, the prisoner, with James C. Johnston…
1Opinion of the CourtJustice Bkeese
This is a scire facias upon a recognizance taken before a justice of the peace, and duly certified to the Circuit Court of Jo Daviess county. When so certified, it became a record of that court; consequently, the plea of non est factum was not a proper plea to the action.
It does not appear from the recognizance, that the prisoner had been committed by two justices of the peace. The condition recites that the prisoner was brought before the justice of the peace who took the recognizance, on the fifth day of June, on a charge of larceny. This gave the justice jurisdiction to hear the charge and…
2Cases cited1 opinion
- Hoghtaling v. OsbornNew York Supreme Court · 1818
3Cited by23 opinions
- Allen v. DuffieMichigan Supreme Court · 1880
- Scammon v. City of ChicagoIllinois Supreme Court · 1866
- Henderson v. PalmerIllinois Supreme Court · 1874
- Richmond v. MooreIllinois Supreme Court · 1883
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
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