Berkowitz v. Lester

Citations

• 121 Ill. 99

Syllabus

<p>1. Circuit courts in Cook county—of their jurisdiction in criminat cases—and generally, of the courts in Ooolc county as existing under the present constitution. Section 1 of article 6 of the constitution provides that the judicial powers, except as in that article is otherwise provided, “shall be-vested in one Supreme Court, circuit courts, county courts, justices of the-■peace, police magistrates, and such courts as may be provided by law in and ¿or cities and incorporated towns. ” The exception in the section has refer-ence to section 11 of the article, which authorizes the creation of Appellate 'Courts, and to section 20, which gives power to create probate courts in certain counties.</p> <p>2. Section 23 of article 6, which changes the name of the Superior Court of Chicago to that of the Superior Court of Cook county, and continues its existence under the latter name, does not bring it within the terms of the exception in section 1. That court has precisely the same jurisdiction as circuit courts, and the judges thereof are vested with the same powers as judges of circuit courts.</p> <p>3. Section 12 of article 6 of the constitution, providing that “circuit courts shall have original jurisdiction of all causes in law and equity,” etc., has reference and applies to every circuit court in the State, regardless of location, its object being to place all circuit courts in the State upon the same footing, with like powers and jurisdiction.</p> <p>4. Section 26 of article 6 of the constitution continued in existence the Recorder’s Court of Chicago, changing its name to that of the Criminal Court of Cook county, and enlarged its jurisdiction so as to embrace all criminal and quasi criminal cases, and extended such jurisdiction over Cook county, and deprived it of its principal civil jurisdiction. Except as to civil matters, its jurisdiction is the same as that of the circuit courts. In criminal cases, and actions quasi criminal, its jurisdiction is made concurrent