Legal Opinion

O'Leary v. County of Cook

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 39 opinions

This action was brought by the County of Cook against John O’Leary, to recover the penalty prescribed by the second section of an act of the legislature of the State of Illinois, approved February 14, 1855, entitled “ An Act to amend an act entitled ‘An Act to incorporate the North-Western University,’” approved January 28, 1851, for selling liquor within four miles of the location of the North-Western University, in violation of the said section.

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This action was brought by the County of Cook against John O’Leary, to recover the penalty prescribed by the second section of an act of the legislature of the State of Illinois, approved February 14, 1855, entitled “ An Act to amend an act entitled ‘An Act to incorporate the North-Western University,’” approved January 28, 1851, for selling liquor within four miles of the location of the North-Western University, in violation of the said section. The action was commenced and tried before a justice of the peace in said Cook county; and upon the trial before the justice, judgment was rendered…

1Opinion of the Court

Catón, C. J.

The only question presented in this ease is, the constitutionality of the law under which the prisoner was convicted. The law is entitled, “ An Act to amend an act entitled {An Act to incorporate the ISTorth-Western University.’ ” This amendatory act prohibits the sale of spirituous liquors within four miles of the university, under a special penalty, to be recovered by the county of Cook. It is insisted that the provision is within the inhibition of the constitution, which declares that “no private or local law shall embrace more than one subject, and that shall be expressed in…

2Cited by39 opinions

  1. Slack v. JacobWest Virginia Supreme Court · 1875
  2. State v. BeckerSouth Dakota Supreme Court · 1892
  3. Morris & Cummings v. State ex rel. GussettTexas Supreme Court · 1884
  4. State v. MillerSupreme Court of Missouri · 1870
  5. City of Chicago v. ReevesIllinois Supreme Court · 1906

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