Johnson, In re
| Decision Date | 25 May 1961 |
| Docket Number | Gen. No. 61-F-9 |
| Citation | 174 N.E.2d 907,30 Ill.App.2d 439 |
| Parties | In the Matter of Terry Ray JOHNSON, Alleged to be a Delinquent Child. The PEOPLE of the State of Illinois, Petitioners-Appellees, v. Dale JOHNSON, Margaret Johnson and Terry Ray Johnson, Respondents-Appellants. In the Matter of Randy REIDELBERGER, Alleged to be a Delinguent Child. The PEOPLE of the State of Illinois, Petitioners-Appellees, v. Ralph REIDELBERGER, Edith Reidelberger and Randy Reidelberger, Respondents-Appellants. |
| Court | United States Appellate Court of Illinois |
Richard E. White, Murphysboro, for appellants.
Lloyd Middleton, Pinckneyville, for appellees.
This appeal involves an order of the County Court of Perry County finding two boys to be delinquent and committing them to the Illinois Youth Commission. A motion to dismiss the appeal was filed by the State's Attorney stating several grounds, and a motion to amend was filed by the appellant. These motions were taken with the case.
The People are the real parties to this type of case under the Family Court Act, and the State's Attorney properly appears in the case. The motion he filed in this Court states several grounds for dismissing the appeal. It is asserted that the Act provides for review of cases thereunder by writ of error and that all other forms of review are thereby excluded. This was the accepted view of courts of review at one time, but it has been abandoned by rule of court so that under present law, if the issues of the case sufficiently appear upon the record before the reviewing court, the case will be considered as though the proper method of review had been employed. Ch. 110, Ill.Rev.St., Sec. 201.12 (App.Ct.Rule 12), and 101.28 (Sup.Ct.Rule 28). We find that the issues in this case sufficiently appear upon the record before this court and are fully presented by the briefs and abstracts on file.
These proceedings were entitled in the County Court, 'In the Matter of Terry Ray Johnson' and 'In the Matter of Randy Reidelberger.' The proceedings in this court carried the same title and failed to designate appellant and appellee as specified by Appellate Court Rule 8(1). The appellant has filed a motion to show as part of the title the People of the State of Illinois, petitioners-appellees, and to designate as appellants the child's parents and the child, entitled respondents-appellants. By Section 92 of the Practice Act, Ill.Rev.Stat.1959, c. 110, § 92 the reviewing court has broad powers of amendment, and these powers are extended by the courts to the formal defects in pleadings and in the names of the parties, and other matters. Keyes v. Binkert, 57 Ill.App. 47; Hess v. Peck, 111 Ill.App. 111; and see Note in L.R.A.1916D, 874. Accordingly, the appellant's motion to amend the title is allowed.
It is further contended by the State's Attorney that the notice of appeal and praecipe for record were served upon him only as an individual and not as attorney for the People. It appears that the documents were delivered to him personally in the State's Attorney's Office at the Court House, and that a receipt was tendered to him to sign which referred to him as 'State's Attorney.' He refused to sign the receipt. We fail to see any better method of serving the State's Attorney than the one used and we must hold that it was a compliance with the statute. Accordingly, the motion to dismiss the appeal is denied and we proceed to consider the merits.
The two cases in this appeal involved two lads, then about the age of 14, who were playmates. They had found access to an unoccupied house and proceeded to fix up a room therein as their 'club house.' They informed their parents that they were fixing themselves a clubhouse, but the parents were not aware of the location and each one thought the reference was to a place at the other boy's place of residence, so they made no further inquiry. On the third day after the first entrance, the two boys started to fix up the club room. They carried up a table, cut up an oil table cloth, and spread a bag of old curtains and papers on the floor. They also managed to enter the garage which had been rented out and contained the tenant's car. In the glove compartment they found a flashlight and three railroad fusees. They took the flashlight to use in the darkened house. They lit two of the fusees, and held them against some screens in the garage and found that they would burn holes through the wire. They held a fusee against a hub cap, which became discolored. There was a fire extinguisher in the basement and they held some lighted paper under it to see if it would work, and it did.
The damage was not serious and it was soon discovered and reported to the families involved. The deputy who investigated stated that the boys were remorseful over having done the damage. The parents, upon learning of the damage, inquired about making it good. They bought a new hub cap for the car owner and he said he was satisfied. They asked the house owner to have the screens repaired and to replace the fire extinguisher. The owner's total bill for the damage was about $32 and this was paid.
Upon the trial there was no evidence of any previous offenses of either boy, except the fire marshal said that when one of them was seven or eight years old he had taken some fusees from a caboose in a railroad yard. Otherwise, the testimony was all to the effect that they were well behaved boys, both of them attended Sunday School and their parents testified they never had...
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