Gates v. City of Aurora
Illinois Supreme Court
Appeal from the Circuit Court of Kendall county; the Hon. Madison E. Hollister, Judge, presiding. This was a proceeding commenced in the name of the City of Aurora against B. Wilder Gates, before one of the police magistrates of that city. The cause was taken by appeal to the Circuit Court of Kane county, and, before final trial, was removed into the Circuit Court of Kendall county, where a trial resulted in a judgment for the defendant, from which" he appealed to this court.
1Opinion of the CourtJustice Breese
We have not deemed it necessary to consider any other point made on this record than the one first made and argued on the brief of appellant, and it is this : The city charter prescribes ■the mode in which suits shall be brought for a violation of a city ordinance, stating in the summons, the ordinance violated. This action was brought for a violation of the ordinance entitled “ streets and alleys.” On trial, this ordinance was excluded from the jury, and the city was allowed to proceed against the defendant on another ordinance of the city of a different character, and against the objections…
2Cited by3 opinions
- City of Neck City v. GriffithMissouri Court of Appeals · 1914
- City of St. Louis v. KlausmeierSupreme Court of Missouri · 1908
- Thompson v. SuttonIllinois Supreme Court · 1869