Lancaster v. Lane
Illinois Supreme Court
ERROR TO SCHUYLER. This was an action of trespass, brought by Lane against Lancaster, to recover damages for the sale of a mare, which was levied upon by an execution issued by Lancaster, who was a justice of the peace, and sold.
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ERROR TO SCHUYLER. This was an action of trespass, brought by Lane against Lancaster, to recover damages for the sale of a mare, which was levied upon by an execution issued by Lancaster, who was a justice of the peace, and sold. Lancaster pleaded, to the declaration, that he was a justice of the peace of Schuyler county, and as such, was trying a case of which he had jurisdiction;' that during the trial, and in his presence, Lane and one Yenters had a fight, for which he fined them five dollars each, and entered judgment on his docket therefor, issued execution, etc. The plea contains all…
1Opinion of the CourtBreese, J.
This court will go far to sustain the proceedings of justices of the peace, in all cases in which they have jurisdiction, however erroneously it may be exercised. The people, in their various relations in society, are deeply interested in these domestic tribunals in which they officiate, and their action should not be condemned, nor they censured, for mere ex-rors and irregularities of proceeding.
We understand the principle to be well settled, that where a magistrate has jurisdiction, as well over the offense as over the person of the offender, his acts, though never so erroneous, will not…
2Cited by11 opinions
- Henke v. McCordSupreme Court of Iowa · 1880
- Outlaw v. DavisIllinois Supreme Court · 1861
- People v. LevitonAppellate Court of Illinois · 1945
- City of Chicago v. KenneyAppellate Court of Illinois · 1889
- Ward v. LuneenAppellate Court of Illinois · 1887
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