City of Chicago v. Enright
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tdxey, Judge, presiding. Appellant brought its action in the Circuit Court against appellee and filed its declaration as follows, viz.: “ First Count — And the said plaintiff, by H. Washburn, its attorney, comes and complains of John W. Enright and Edward F. Kelly, defendants, in its action of debt.
Read the full summary
Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tdxey, Judge, presiding. Appellant brought its action in the Circuit Court against appellee and filed its declaration as follows, viz.: “ First Count — And the said plaintiff, by H. Washburn, its attorney, comes and complains of John W. Enright and Edward F. Kelly, defendants, in its action of debt. “For that whereas the plaintiff is a municipal corporation of tlie State of Illinois, organized under an act entitled ‘ An act to provide for the incorporation of cities and villages,’ approved April 10, 1872. “That the city council…
1Opinion of the CourtMoran, J.
The first count of the declaration proceeds upon the assumption that appellees, having sold spirituous liquors in quantities of one gallon or more without having obtained the license required by the ordinance, became indebted to the city for the amount of the license fee. The consideration for a license is sought to be recovered while it appears from the allegations of said count that no license had in fact been taken out.
The count was clearly bad, and the demurrer to it was properly sustained.
“A person carrying on a business for which a license is required, can not be compelled to take out a…
2Cases cited7 opinions
- Town of Lewiston v. ProctorIllinois Supreme Court · 1862
- Webster v. PeopleIllinois Supreme Court · 1853
- Town of Partridge v. SnyderIllinois Supreme Court · 1875
- President of Jacksonville v. BlockIllinois Supreme Court · 1865
- City of Santa Cruz v. Santa Cruz RailroadCalifornia Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Landis v. Marc Realty, L.L.C.Illinois Supreme Court · 2009
- City of Chicago v. Latronica Asphalt and Grading, Inc.Appellate Court of Illinois · 2004
- United States v. JourdenCourt of Appeals for the Ninth Circuit · 1912
- Lane v. FrakeAppellate Court of Illinois · 1897
- Durbin v. PeopleAppellate Court of Illinois · 1894
4 more not listed; retrieve them via the Exa API.