Phillips v. the City of Springfield.
| Decision Date | 31 January 1866 |
| Citation | 1866 WL 4362,39 Ill. 83 |
| Parties | DAVID L. PHILLIPS et al., Administrators,v.THE CITY OF SPRINGFIELD. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Sangamon county; the Hon. EDWARD Y. RICE, Judge, presiding.
The facts of this case are sufficiently stated in the opinion of the Court.
Mr. JAMES C. CONKLING, for the appellants.
Mr. CHARLES S. ZANE, city attorney, for the appellee.
This was an action brought by the city of Springfield against Francis Clinton, before a justice of the peace, upon the complaint of Lucinda Emmons, for a violation of the second section of chapter nineteen of city ordinances, entitled, “An ordinance concerning misdemeanors.” The complaint charged in substance, that Clinton assaulted her and shoved and pushed her, and pulled her in a violent manner, and put her property out of her house.
A trial was had by jury, and a verdict of guilty found against Clinton, and a fine imposed of fifty dollars, and judgment rendered therefor, together with the costs.
The defendant appealed to the Circuit Court to reverse this judgment, where, upon a trial had by a jury, a fine was imposed of fifty-three dollars against the defendant. A motion for a new trial was made and denied, and also a motion in arrest of judgment, and judgment entered on the verdict.
The defendant appealed to this court, and, after perfecting the appeal, he died. The errors are assigned by his administrators, David L. Phillips and Anna Clinton; and are: First, that the verdict is against the evidence; second, the court erred in overruling the motion for a new trial; third, in overruling the motion in arrest of judgment.
Section two of chapter nineteen, of the ordinance in question, is as follows: “Whoever shall assault, strike or fight another, or shall be guilty of any misconduct calculated to provoke a breach of the peace, shall be subject to a penalty of not less than three dollars.”
The facts in this case, to state them briefly, are as follows: Elias Emmons, the husband of the prosecutor, Lucinda Emmons, was at one time the owner of a house and lot in Springfield, on which he resided with his family. On the 7th of April, 1864, he executed a deed to Clinton for the premises, for the consideration of three thousand dollars, he having moved off the premises, with his family, to a farm in the neighborhood, belonging to Clinton, in April, 1863. Clinton rented the house and lot to one Montgomery, who occupied the premises and paid rent to Clinton up to November 14, 1864, when he moved away, and the same person who took his furniture away in the morning brought the furniture of the in-coming tenant and deposited it in the front door yard, so that part of the furniture of this tenant was in the door yard before all the furniture of Montgomery was taken away. When it was all taken away in the morning of November 14, Montgomery surrendered the possession of the house to Clinton, and gave him the key.
It appears that on the evening of the thirteenth, Mrs. Emmons, under the pretense of an invitation to her, by Mrs. Montgomery, came to the house with her carpet-bag and remained all night, and was there, in the house, on the...
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