City of Chicago v. Hagley
| Decision Date | 21 February 1930 |
| Docket Number | No. 19147.,19147. |
| Citation | 338 Ill. 479,170 N.E. 689 |
| Parties | CITY OF CHICAGO v. HAGLEY. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Commissioner's Opinion.
Error to First Branch Appellate Court, First District; on Appeal from Municipal Court of Chicago; John Richardson, Judge.
Olive L. Hagley was convicted of operating an unlicensed ice cream parlor in violation of an ordinance of the City of Chicago. The Appellate Court for the Frist District reversed the conviction, and the City of Chicago brings certiorari.
Affirmed.Samuel A. Ettelson, Corporation Counsel, and M. J. Maloney, both of Chicago (Cora B. Hirtzel, of Chicago, of counsel), for plaintiff in error.
Fyffe & Clarke, of Chicago, for defendant in error.
Plaintiff in error, the city of Chicago, filed its complaint in the municipal court of Chicago charging defendant in error, Olive L. Hagley, with operating an ice cream parlor without a license, as required by the ordinances of the city. A jury was waived, there was a trial by the court, defendantin error was found guilty, and a fine of $25 was assessed. Defendant in error appealed to this court, the trial court having certified that the validity of an ordinance was involved. The case was transferred (329 Ill. 635, 161 N. E. 106) to the Appellate Court for the First District, where the judgment was reversed, and the case comes to this court upon a writ of certiorari.
No question is raised as to the validity of the ordinance or the authority of plaintiff in error to pass it. The only question in the case, and the only question decided by the Appellate Court, was the question of fact as to whether or not defendant in error was conducting an ice cream parlor without a license, in violation of the ordinance. Whether she was or was not conducting an ice cream parlor was a question of fact, depending upon the evidence in the case. The trial court held that she was conducting an ice cream parlor without a license, in violation of the ordinance. The Appellate Court held that she was not conducting an ice cream parlor; therefore she was not violating the ordinance.
Section 122 of the Practice act (Smith-Hurd Rev. St. 1929, c. 110, § 121) provides that ‘the Supreme Court shall re-examine cases brought to it by appeal or writ of certiorari as provided in this act, from the appellate courts, as to questions of law only; and in the cases aforesaid, no assignment of error shall be allowed calling in question the determination of the inferior or appellate...
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