Legal Opinion

People v. Thurber

Illinois Supreme Court

Decided June 15, 1852PublishedCited by 37 opinions

This is an action of debt against Thurber for violating the 22d and 23d sections of chapter 64 of the Revised Statutes, entitled License, by his acting as the agent of a foreign insurance company without complying with the terms and conditions of said sections. Thurber demurred to the declaration of the plaintiffs, which demurrer was sustained by the Circuit Court, H. T. Dickey, Judge, presiding, at May term, 1851, and judgment thereon rendered for the defendant.

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This is an action of debt against Thurber for violating the 22d and 23d sections of chapter 64 of the Revised Statutes, entitled License, by his acting as the agent of a foreign insurance company without complying with the terms and conditions of said sections. Thurber demurred to the declaration of the plaintiffs, which demurrer was sustained by the Circuit Court, H. T. Dickey, Judge, presiding, at May term, 1851, and judgment thereon rendered for the defendant. The people bring the case to this' court, and assign for error the sustaining of the demurrer to the declaration by the court…

1Opinion of the Court

Catón, J.

Under the demurrer which was filed to this declaration, two objections have been urged to the maintenance of this prosecution: 1st, that the act under which it was instituted violates not only the Constitution of this State, but also that of the United States; and 2d, that the law creating the County Court, passed to carry out the new Constitution, having abolished the office of clerk of the County Commissioners’ Court, operates as a repeal of the law itself, by abolishing the instrument provided in the law for its own execution.

It is objected that the law in question violates that…

2Cited by37 opinions

  1. Reif v. BarrettIllinois Supreme Court · 1933
  2. People ex rel. Harless v. HatchIllinois Supreme Court · 1863
  3. Pleuler v. StateNebraska Supreme Court · 1881
  4. Chicago Packing & Provision Co. v. City of ChicagoIllinois Supreme Court · 1878
  5. Bachrach v. NelsonIllinois Supreme Court · 1932

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