Legal Opinion

Gallagher v. People

Illinois Supreme Court

Decided January 15, 1878PublishedCited by 5 opinions

Writ of Error to the Circuit Court of Champaign county j the Hon. C. B. Smith, Judge, presiding. On the 26th of September, 1876, the following writ of scire facias was issued by the clerk of the circuit court of Charnpaign county.

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Writ of Error to the Circuit Court of Champaign county j the Hon. C. B. Smith, Judge, presiding. On the 26th of September, 1876, the following writ of scire facias was issued by the clerk of the circuit court of Charnpaign county. “State of Illinois, \ Champaign County, j The People of the State of llllinois to the Sheriff of said county— Greeting : “Whereas, at the September term, 1874, of the circuit court, in said county of Champaign and State aforesaid, John Gallagher was indicted by the grand jury, having lawful authority, for the crime of selling liquor to minors; which said indictment…

1Per curiam

The majority of the court are of opinion that this judgment should be affirmed.

It is first insisted that this recognizance is not conditioned as required by the statute. We are of opinion that it is unnecessary to the validity of a recognizance, that it should contain every condition which is provided in the statute. It is good for the conditions found in the statute, that are also embodied in the recognizance.

Under the former statute on the subject of recognizances it was held by this court, that bail, entering into a recognizance for an offender conditioned that he should appear at a given…

2Cases cited3 opinions

  1. Gallagher v. PeopleIllinois Supreme Court · 1878
  2. Norfolk v. PeopleIllinois Supreme Court · 1867
  3. Stokes v. PeopleIllinois Supreme Court · 1872

3Cited by5 opinions

  1. People v. HanawMichigan Supreme Court · 1895
  2. State v. CooperSupreme Court of Minnesota · 1920
  3. Southard v. PeopleSupreme Court of Colorado · 1923
  4. Kuhle v. PeopleAppellate Court of Illinois · 1896
  5. People v. LawsonAppellate Court of Illinois · 1933

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