Ewbanks v. President of Ashley
Illinois Supreme Court
Writ of Error to the Circuit Court of Washington county; the Hon. Silas L. Bryan, Judge, presiding. This was originally an action, brought before a justice of the peace, by the President and Trustees of the Town of Ashley, against Spencer S. Ewbanlzs, to recover a penalty for the violation of an ordinance of the town. The justice of the peace issued a warrant for the arrest of defendant, returnable forthwith.
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Writ of Error to the Circuit Court of Washington county; the Hon. Silas L. Bryan, Judge, presiding. This was originally an action, brought before a justice of the peace, by the President and Trustees of the Town of Ashley, against Spencer S. Ewbanlzs, to recover a penalty for the violation of an ordinance of the town. The justice of the peace issued a warrant for the arrest of defendant, returnable forthwith. It was simply served by reading to defendant, who afterwards appeared by attorney and went to trial, which resulted in a judgment for twenty dollars debt, and costs of suit. Defendant…
1Opinion of the CourtChief Justice Walker
This was an action of debt, brought by the President and Trustees of the Town of Ashley against Spencer Ewbanks, before a justice of the peace, for the recovery of a penalty for the violation of a town ordinance. The writ was in the form of a capias, and was served on plaintiff in error by reading, and without arrest. He appeared before the justice on the 27th day of April, 1863, three days after the writ was issued, and entered a motion to dismiss the suit, because the writ was returnable forthwith, and because the writ was not based on an affidavit. The motion was overruled, a trial had,…
2Cases cited1 opinion
- Ohio & Mississippi Railroad v. McCutchinIllinois Supreme Court · 1861
3Cited by4 opinions
- Cooper v. Town of Valley HeadSupreme Court of Alabama · 1924
- Town of Partridge v. SnyderIllinois Supreme Court · 1875
- City of Chicago v. KenneyAppellate Court of Illinois · 1889
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905