City of Peoria v. Calhoun
Illinois Supreme Court
Calhoun was sued for the violation of the market ordinances of the city of Peoria, and was found guilty, and fined five dollars. He appealed to the Circuit Court, where the cause was tried, and a verdict and judgment rendered in favor of the defendant; from which judgment the case is brought to this court by writ of error. The city offered its charter, and the ordinance in question, which were accepted as proved.
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Calhoun was sued for the violation of the market ordinances of the city of Peoria, and was found guilty, and fined five dollars. He appealed to the Circuit Court, where the cause was tried, and a verdict and judgment rendered in favor of the defendant; from which judgment the case is brought to this court by writ of error. The city offered its charter, and the ordinance in question, which were accepted as proved. The defendant confessed and admitted that he did sell and offer for sale fresh meats in said city, and outside of the market-house, in violation of said ordinance, so passed and…
1Opinion of the CourtCaton, C. J.
The instructions given for the defendant, are all wrong, or nearly so. They are based upon an erroneous principle which pervades them all. The fourth and sixth may be selected as especially exhibiting this erroneous principle. They are as follows:
“4. That although-the jury may believe, from the evidence, that the city of Peoria has power, by virtue of her charter, to pass ordinances prohibiting the sale of fresh meats in any other place than the Central Market, yet if the jury further believe, from the evidence, that the ordinances offered in evidence are in restraint of lawful trade, and the…
2Cited by10 opinions
- Block v. City of ChicagoIllinois Supreme Court · 1909
- City of St. Louis v. GreenMissouri Court of Appeals · 1878
- Maercker v. City of MilwaukeeWisconsin Supreme Court · 1912
- Catholic Bishop v. Village of Palos ParkIllinois Supreme Court · 1918
- Ex parte Chin YanCalifornia Supreme Court · 1882
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