Baldwin v. Murphy

Citations

• 82 Ill. 485

Syllabus

<p>1. Appearance—as waiving defective process. Where a party appears and submits himself to the jurisdiction of the court, it is a matter of no consequence whether the summons is void or not, or even whether there is any process at all.</p> <p>2. Remedy—/or illegal arrest. The remedy of a party who has been unlawfully arrested, and against whom a judgment has been entered upon such arrest, is in an action at law for such unlawful arrest, and not by a bill in a court of equity to enjoin the collection of the judgment.</p> <p>3. Arrest—duress—what constitutes. Where an officer serves a warrant for the arrest of a defendant for violation of a city ordinance, by reading the same, and requests him to appear before the magistrate, and leaves him without taking him into custody, such service does not amount to an arrest; and if the defendant appears before the magistrate and confesses judgment, he can not afterwards enjoin the collection of the judgment on the ground that he confessed the judgment under duress.</p> <p>4. Intoxicating liquors—towns not restricted to the same penalty pro. vided by the general law for sale of. Where a special charter of a town, granted before the adoption of the present constitution, confers power upon tlie corporate authorities to impose fines or penalties for the unauthorized sale of intoxicating liquors, they are not limited or restricted to the same penalties imposed by the general law.</p>