People ex rel. Birkholz v. Jonas
| Court | Illinois Supreme Court |
| Writing for the Court | PHILLIPS |
| Citation | 50 N.E. 1051,173 Ill. 316 |
| Parties | PEOPLE ex rel. BIRKHOLZ v. JONAS. |
| Decision Date | 09 June 1898 |
173 Ill. 316
50 N.E. 1051
PEOPLE ex rel. BIRKHOLZ
v.
JONAS.
Supreme Court of Illinois.
June 9, 1898.
Original petition by the people, on relation of August W. Birkholz, against Michael M. Jonas, for a writ of habeas corpus. Denied.
[173 Ill. 317]James Lane Allen, for petitioner.
PHILLIPS, J.
This is an original petition by August W. Birkholz for a writ of habeas corpus. The petition sets forth that said Birkholz is restrained of his liberty by Michael M. Jonas, a constable of Cook county, and that he is ordered to be committed to and imprisoned in the common jail of said Cook county by virtue of a certain mittimus or warrant for his arrest and commitment issued by John Richardson, a justice of the peace in and for said Cook county. The mittimus in question, which is attached to the petition, and made a part thereof, will sufficiently show the grounds of this application. Said mittimus is as follows: ‘State of Illinois, County of Cook-ss.: The people of the state of Illinois to the sheriff or any constable of said county, greeting: Whereas, in a certain proceeding before John Rockardson, a justice of the peace in and for said county, under and by virtue of an act to regulate the practice of medicine in the state of Illinois, approved June 16, 1887, wherein the people of the state of Illinois, for the use of the state board of health, were plaintiffs, and A. W. Birkholz was defendant, said proceedings being an action for debt brought against said defendant, A. W. Birkholz, for a refusal to comply with the provisions of the aforesaid act, to wit, to obtain a license under said act to practice medicine, and that the defendant, A. W. Birkholz, has been practicing medicine within said county and state without any such aforesaid license, and in violation of the aforesaid act; and whereas, on this day, after a trial before a jury in the above-entitled cause, said jury rendered a verdict in favor of the plaintiff, the people of the state of Illinois, for the use of the state board of health, and assessed the damages of the plaintiff at one hundred dollars; and whereas, judgment was immediately rendered on said verdict against the defendant, A. W. Birkholz, for one hundred [173 Ill. 318](100) dollars and costs of suit, herein taxed at twelve dollars and fifty cents, and the court did as a part of said judgment, order that the defendant, A. W. Birkholz, be committed to the common jail of the county of Cook until said fine and costs are paid, and said...
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Ex Parte Hollman.
...prescribing the cases in which the writ may be used, the court declined to consider the constitutionality of a statute. People v. Jonas, 173 Ill. 316, 50 N. E. 1051. In Indiana the rule is that judgment of conviction is not subject to attack[60 S.E. 27]on habeas corpus alleging the unconsti......
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People ex rel. Carlstrom v. Shurtleff, 21708.
...E. 118;People v. Superior Court, 234 Ill. 186, 84 N. E. 875,14 Ann. Cas. 753;People v. Murphy, 212 Ill. 584, 72 N. E. 902;People v. Jonas, 173 Ill. 316, 50 N. E. 1051;People v. Williams, 330 Ill. 150, 161 N. E. 312;People v. Williams, 334 Ill. 241, 165 N. E. 693; People v. Kelly, supra. It ......
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Ex parte Hollman
...prescribing the cases in which the writ may be used, the court declined to consider the constitutionality of a statute. People v. Jonas, 173 Ill. 316, 50 N.E. 1051. In Indiana the rule is that judgment of conviction is not subject to attack [60 S.E. 27] on habeas corpus alleging the unconst......
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...re Underwood, 30 Mich. 502; Ex parte Fisher, 6 Neb. 309; Koepke v. Hill, 157 Ind. 172, 60 N.E. 1039, 87 Am. St. Rep. 161; People v. Jonas, 173 Ill. 316, 50 N.E. 1051; In re Semler, 41 Wis. 517; In re Pikulik, 81 Wis. 158, 51 N.W. 261; In re French, 81 Wis. 597, 51 N.W. 960; Parker v. State,......