City of Carbondale v. Irving

This is an appeal by plaintiff, the City of Carbondale, from an order of the Circuit Court of Jackson County denying the City’s post-trial motion to set aside the court’s dismissal of a cause of action for violation of a city ordinance against defendant-appellee Bobbie J. Irving on the grounds of unjustified, excessive delay on the part of the City.

The facts necessary to our disposition of this appeal are as follows. On November 11, 1974, defendant was charged on a ticket issued by the Carbondale police department with driving while under the influence of alcohol or narcotic drugs within the…