Newlan v. President & Trustees of Aurora
Illinois Supreme Court
This was an action of debt, brought by the defendants in error, against the plaintiff in error for a violation of one of the ordinances of the town of Aurora, before a justice of the peace of Kane county, and taken by appeal to the Circuit Court of Kane county, Wilson, Judge, when at the May term, 1852, the cause was tried before a jury, and judgment rendered against the defendant below. The defendant below prosecuted his writ of error.
Read the full summary
This was an action of debt, brought by the defendants in error, against the plaintiff in error for a violation of one of the ordinances of the town of Aurora, before a justice of the peace of Kane county, and taken by appeal to the Circuit Court of Kane county, Wilson, Judge, when at the May term, 1852, the cause was tried before a jury, and judgment rendered against the defendant below. The defendant below prosecuted his writ of error. The only question of importance involved in the case appears in the opinion of the court.
1Opinion of the CourtTreat, C. J.
It is provided by the statute, under which the town of Aurora was incorporated, that “ the proceedings of said board shall always be public; and all their ordinances, before taking effect, shall be published at least ten days, in a newspaper of such town, or by setting up copies of the same, in three of the most public places in such town.” It was proved by the clerk of the corporation, that he posted copies of the ordinance in question in three of the most public places in the town; “ and that they had been up for more than ten days before the bringing of this suit.” It was proved by another…
2Cited by4 opinions
- Woodruff v. DeshazoCourt of Appeals of Texas · 1915
- Booth v. Town of CarthageIllinois Supreme Court · 1873
- Raker v. Village of MaquonAppellate Court of Illinois · 1881
- Woodruff v. DeshazoCourt of Appeals of Texas · 1915