Legal Opinion

Neatherly v. People

Appellate Court of Illinois

Decided October 5, 1887Published

Appeal from the County Court of Fayette County; the Hon. James I. Stillman, Judge, presiding. Complaint being made before a Justice of the Peace, charging Heatherly with the offense of assault and battery, he was arrested and upon trial was fined by the Justice $10 and costs; from which fine he appealed to the County Court.

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Appeal from the County Court of Fayette County; the Hon. James I. Stillman, Judge, presiding. Complaint being made before a Justice of the Peace, charging Heatherly with the offense of assault and battery, he was arrested and upon trial was fined by the Justice $10 and costs; from which fine he appealed to the County Court. That court upon motion dismissed his appeal upon the ground alone that the said appeal should have been taken to the Circuit Court and that the County Court had no jurisdiction in such appeals, and from that order the case is brought by LTeatherly to this court, where the…

1Opinion of the CourtPillsbury, J.

Section 9 of Division 9 of the Criminal Code, R. S. of 1874, provides that “the defendant may appeal from the judgment of the Justice of the Peace in criminal cases to the Circuit Court of the county, the appeal to be taken in the same time and manner, and upon the same conditions and with like effect, and like proceedings may be had thereon, as in civil cases, except that no damages shall be allowed, and except that in the County of Cook the appeal shall be to the Criminal Court of Cook County.”

It is not denied that the prosecution at bar falls within the definition of criminal cases within…

2Cases cited2 opinions

  1. Ward v. PeopleIllinois Supreme Court · 1852
  2. Ham v. PeopleIllinois Supreme Court · 1853

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