City of Chicago v. Schmidinger

Decision Date29 June 1910
PartiesCITY OF CHICAGO v. SCHMIDINGER.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

Appeal from Circuit Court, Cook County; Thomas G. Windes, Judge.

Action by the City of Chicago against Mathias Schmidinger. From a judgment for plaintiff, defendant appeals. Affirmed.

See, also, 243 Ill. 190, 90 N. E. 372.

Rubens, Fischer & Mosser, for appellant.

Edward J. Brundage, Corp. Counsel, Edwin H. Cassels, Clarence N. Boord, and Emil C. Wetten, for appellee.

PER CURIAM.

This was an action of debt commenced by the city of Chicago against Mathias Schmidinger, in the circuit court of Cook county, to recover certain penalties alleged to have accrued to the city in consequence of the violation by the defendant of an ordinance of the city regulating the sale and prescribing the weight and quality of bread in the loaf, made and sold and offered for sale within the city. The declaration contained 10 counts, and a plea of nil debet was filed. A jury was waived and a trial was had before the court, and a judgment was rendered in favor of the defendant. The city prosecuted an appeal to this court direct, on the ground that the constitutionality of an ordinance was involved, and the judgment of the circuit court was reversed (City of Chicage v. Schmidinger, 243 Ill. 167, 90 N. E. 369), and the case was remanded for a new trial. The case was reinstated in the trial court, where it was again tried before the court without a jury. The same evidence was offered on the second trial that was heard on the first trial, and the trial court held the ordinance relied upon by the city was not in conflict with the Constitution of this state or the Constitution of the United States, but was a valid ordinance, and rendered judgment in favor of the city and against the defendant for $100 and costs of suit, and the defendant has prosecuted an appeal to this court, and has assigned as error that the ordinance relied upon by the city is in conflict with sections 1 and 2 of article 2 of the Constitution of this state and in conflict with section 1 of the fourteenth amendment to the Constitution of the United States.

For the reasons stated in City of Chicago v. Schmidinger, supra, we are of the opinion the ordinance of the city of Chicago regulating the sale and prescribing the weight and quality of bread in the loaf made and sold and offered for sale within the city of Chicago is a valid ordinance, and not in conflict with the Constitution of this state or the...

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4 cases
  • Bratberg v. Advance-Rumely Thresher Co., 5872.
    • United States
    • North Dakota Supreme Court
    • 23 Octubre 1931
  • Bratberg v. Advance-Rumely Thresher Company, Inc., a Corp.
    • United States
    • North Dakota Supreme Court
    • 22 Agosto 1931
    ... ... 246 U.S. 357, Ann. Cas. 1918C, 593; Butcher's Union ... S.H. & L.S.L. Co. v. Crescent City L.S.L. & S.H. Co. 111 ... U.S. 746, 28 L. ed. 585, 4 S.Ct. 652; Muller v. Oregon, 208 ... U.S ... well as those in the interest of the public health, morals or ... safety. Chicago etc. R. Co. v. Tranbarger, 238 U.S ...          The ... state legislatures have broad ... Price v. Illinois, 238 U.S. 446; ... Arbuckle v. Blackburn, 191 U.S. 414; Schmidinger ... v. Chicago, 226 U.S. 572; Powell v ... Pennsylvania, 127 U.S. 683; Armour v. North ... ...
  • Mathias Schmidinger v. City of Chicago
    • United States
    • U.S. Supreme Court
    • 13 Enero 1913
  • Trenchard v. Trenchard
    • United States
    • Illinois Supreme Court
    • 29 Junio 1910
    ...as raise a reasonable apprehension of bodily harm and show a state of personal danger incompatible with the marriage state. Bad temper, [92 N.E. 244]petulance of manner, rude language, want of civil attentions, or angry or abusive words are not sufficient grounds for divorce for extreme and......

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