Poyer v. Village of Des Plaines
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This is an appeal from the decree of the court helow, sustaining a demurrer to dismissing the bill of appellant, dissolving a temporary injunction which he had obtained, and assessing damages for the wrongful suing out of such injunction. .The bill was brought by Poyer, the appellant, against the village of Des Plaines, S. Garland and August Moldenhauer, the latter being a justice of…
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This is an appeal from the decree of the court helow, sustaining a demurrer to dismissing the bill of appellant, dissolving a temporary injunction which he had obtained, and assessing damages for the wrongful suing out of such injunction. .The bill was brought by Poyer, the appellant, against the village of Des Plaines, S. Garland and August Moldenhauer, the latter being a justice of the peace of said village, to restrain them and each of them from prosecuting him, under a certain ordinance of said…
1Opinion of the CourtMcAllister, J.
There is no claim made by the bill, that the ordinance in question was not enacted by the proper authority of the village of Des Plaines, or that the subject-matter of it was not within the scope of the police powers conferred upon that corporation. While some of the provisions of the ordinance may be of questionable validity, there are others, which seem to us to be undoubtedly valid. The bill fails to show that the prosecutions which have been instituted, or which are threatened, were not prosecutions under the valid portion of said ordinance. If attempts to show instead, that the plaintiff…
2Cases cited4 opinions
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- Third Ave. R.R. Co. v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1873
- Yates v. Village of BataviaIllinois Supreme Court · 1875
- Davis v. American Society for the Prevention of Cruelty to AnimalsNew York Court of Common Pleas · 1875
3Cited by3 opinions
- City of Denver v. BeedeSupreme Court of Colorado · 1898
- Thompson v. TuckerSupreme Court of Oklahoma · 1905
- City of Bisbee v. Arizona Insurance AgencyArizona Supreme Court · 1912