Ill. Cent. R.R. Co. v. Wren
| Decision Date | 31 January 1867 |
| Parties | ILLINOIS CENTRAL RAILROAD COMPANYv.JOSEPH WREN. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of De Witt county; the Hon. JOHN M. SCOTT, Judge, presiding.
This was an action brought by Wren against the Illinois Central Railroad Company, before a justice of the peace, to recover the value of a cow killed by a passing train in the town of Clinton. The plaintiff recovered a judgment before the justice for fifty dollars, from which the defendant took an appeal to the Circuit Court. In that court a jury was waived and cause tried by the court, and judgment rendered in favor of the plaintiff for forty-five dollars. From this judgment the defendant appealed.
The first point raised by the appellant is, that this is an action on the case, and the justice had no jurisdiction, the law of February 9, 1857, conferring jurisdiction on justices of the peace in such cases, not having been passed in a constitutional manner, and the suit should have been dismissed. In support of this position the appellant referred the court to the journals of the house and senate, to show that the act in question had not passed by ayes and noes, as required by the Constitution. Citing, as authorities, Spangler v. Jacobi, 14 Ill. 299, and Supervisors of Schuyler Co. v. People, ex rel. R. I. & Alton R. R. Co., 25 Id. 181.
Mr. C. H. MOORE, for the appellant.
Mr. E. H. PALMER, for the appellee.
This was an action brought by Wren against the railroad company to recover the value of a cow killed by a passing train, in the town of Clinton. The suit was originally commenced before a justice and taken by appeal to the Circuit Court, where a jury was waived and the court gave the plaintiff judgment for forty-five dollars.
It is first objected, on behalf of the appellant, that the act of 1857, giving justices of the peace jurisdiction in actions on the case, was not passed by yeas and nays as required by the Constitution, and therefore never became a law. In support of this we are referred to various pages of the printed journal of the house and senate, by which it is sought to trace the facts connected with the passage of the act. The laws certified by the secretary of State, and published by the authority of the State, must be received as having passed the legislature in the manner required by the Constitution unless the contrary clearly appears. If counsel seek to raise the question as to whether the yeas and nays were duly called, it is not sufficient to refer the court to the journal, with the expectation that we are to take judicial notice of all the facts that it discloses. Although we take judicial notice of all acts of the legislature signed by the governor, and found in the office of the secretary of State, and although for some purposes we may take judicial notice of the legislative journals, yet it is not our province, at the suggestion or request of counsel, to...
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