Hensoldt v. Town of Petersburg.
| Decision Date | 31 January 1872 |
| Citation | 1872 WL 8133,63 Ill. 157 |
| Parties | FREDERICK HENSOLDTv.TOWN OF PETERSBURG. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Menard county; the Hon. CHARLES TURNER, Judge, presiding. Messrs. PRICKETT & HAMILTON, and Mr. OSCAR A. DE LEUW, for the appellant.
Mr. N. W. BRANSON, and Messrs. ROBERTS & GREEN, for the appellee.
This was a prosecution under the ordinances of the town of Petersburg, for selling intoxicating liquors contrary to the provisions of the ordinances. The suit was commenced before a police magistrate of the town, where a judgment was rendered against the appellant for the sum of $150. On an appeal to the circuit court a trial was again had, which resulted in a verdict finding the appellant guilty of sixteen offenses, and in fixing the fine at $10 for each offense. The court overruled the motion for a new trial and rendered judgment against the appellant for the sum of $160.
The causes relied on to reverse the judgment in this case are, with one exception, substantially the same as in the two cases between the same parties, 63 Ill. 111, 63 Ill. 141, and the reasoning there may apply to the like objections taken to this judgment.
It is insisted that the police magistrate, and consequently the circuit court, on appeal, could have no jurisdiction in any event to render a judgment against the appellant in this proceeding for a sum greater than $100.
The original charter of the town of Petersburg gave jurisdiction to the justices of the peace of Menard county to render judgment for a violation of the ordinances of the town only to the extent of $50. Laws 1841, sec. 18, p. 330.
By the act of 1867, (Private Laws, vol. 3, sec. 5, p. 568,) the jurisdiction of justices of the peace and police magistrates was extended to the sum of $100 in prosecutions for penalties under the ordinances of the town.
The act of 1871, (Session Laws of 1871, 1872, p. 548,) gave increased jurisdiction to the extent of $200 to justices of the peace and police magistrates in all civil causes where they had, or may hereafter have, jurisdiction. This act has been authenticated by the certificate of the Secretary of State, and published with the other laws of that session by the authority of the State. No reason is perceived why this statute, if legally enacted, could not confer jurisdiction on the police magistrate in this case; and on appeal, the circuit court would...
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...law have been observed, but it must be clearly proved." I. C. R. R. v. Wren, 43 Ill. 77, followed in Hensoldt v. Town of Petersburg, 63 Ill. 157, and Larrison v. Peoria R. R. Co., 77 Ill. Having in mind this rule of the modified doctrine, an examination of the journal entries offered in the......
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