Trustees of Elizabethtown v. Lefler
Illinois Supreme Court
This was an action brought by the plaintiffs against Emily Ann I. Lefler, before a justice of the peace, for a violation of a corporation ordinance, and a fine of $5 assessed against her, from which the defendant took an appeal to the Circuit Court. At the May term of said court, 1859, the case was submitted to the court, proofs heard, and judgment for defendant for costs ; a motion for a new trial was overruled.
Read the full summary
This was an action brought by the plaintiffs against Emily Ann I. Lefler, before a justice of the peace, for a violation of a corporation ordinance, and a fine of $5 assessed against her, from which the defendant took an appeal to the Circuit Court. At the May term of said court, 1859, the case was submitted to the court, proofs heard, and judgment for defendant for costs ; a motion for a new trial was overruled. The evidence produced on said trial was in substance as follows : That defendant drew a brickbat in the attitude of throwing it at Lucinda Mott; that after holding it in that…
1Opinion of the CourtWalker, J.
The appellants urge a reversal of this judgment because the court below rejected the book of the town ordinances as evidence. The bill of exceptions fails to show that it contained an ordinance creating the offense of an assault, or providing for its punishment. The fact that the charter authorized the town to adopt such an ordinance, and prescribe for its punishment, did not render the appellee liable to a penalty. Until the town adopted such an ordinance, and it had been published as required by the charter, the town could not recover any penalty for the commission of an assault. Even had…
2Cited by8 opinions
- Schott v. PeopleIllinois Supreme Court · 1878
- Burns v. Chicago & Alton RailroadAppellate Court of Illinois · 1923
- Woodruff v. DeshazoCourt of Appeals of Texas · 1915
- Hutchison v. City of Mt. VernonAppellate Court of Illinois · 1891
- People ex rel. Dix v. City of ChicagoAppellate Court of Illinois · 1888
3 more not listed; retrieve them via the Exa API.