Legal Opinion

Fox v. City of Rockford

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 7 opinions

Appeal from the Circuit Court of Winnebago county; the Hon. Benjamin R. Sheldon, Judge, presiding. This was a suit instituted in the Police Court of the City of Rockford, in the name of the city, against Heman Fox, to recover a penalty for failing to perform road labor, under an ordinance of said city. The cause was removed into the Circuit Court by appeal, where a trial was had, resulting in a judgment against the defendant for the sum of two dollars.

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Appeal from the Circuit Court of Winnebago county; the Hon. Benjamin R. Sheldon, Judge, presiding. This was a suit instituted in the Police Court of the City of Rockford, in the name of the city, against Heman Fox, to recover a penalty for failing to perform road labor, under an ordinance of said city. The cause was removed into the Circuit Court by appeal, where a trial was had, resulting in a judgment against the defendant for the sum of two dollars. He thereupon took this appeal. The only question arising upon the record is, whether the city has authority to assess road labor upon the…

1Opinion of the CourtJustice Lawrence

The only question presented by this record is, as to the power of the City of Rockford to assess road labor against persons over sixty years of age, and compel such persons to perform such labor, if not commuted by payment of a tax. The charter, in terms, gives the Common Council power “ to require every male inhabitant in said city, of twenty-one years of age, to labor on the streets.”

It is urged that the ordinance carrying into effect this clause of the charter is a violation of Sec. 1, Art. 9 of the Constitution, which exempts persons over sixty years of age from the payment of a…

2Cases cited1 opinion

  1. Town of Pleasant v. KostIllinois Supreme Court · 1863

3Cited by7 opinions

  1. State v. . SharpSupreme Court of North Carolina · 1899
  2. Salt Lake City v. WilsonUtah Supreme Court · 1915
  3. Galloway v. Town of TavaresSupreme Court of Florida · 1896
  4. State v. RayburnCourt of Criminal Appeals of Oklahoma · 1909
  5. On Yuen Hai Co. v. RossUnited States Circuit Court · 1882

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