Booth v. Town of Carthage

Citations

• 67 Ill. 102

Syllabus

<p>1. Ordinance of incorporated town—action for penalty for violation of. It is a correct principle, that a party can not be liable to a penalty imposed by an ordinance of an incorporated town, unless it appears the ordinance took effect and was in force at the time the act complained of was committed; and the provisions of the charter must have been complied with in passing it, and that fact must be shown by proper proof.</p> <p>2. Same—objection on error confined to grounds urged below. Where the defendant, when sued for a violation of an ordinance, on the trial below did not object to the introduction of the ordinance on the ground that it had not been published as required by the charter, but confined his objection to reading the whole of it, contending that only certain parts of it should go in evidence: Held, by admitting that the ordinance had been properly published, the whqle of it was properly admitted as evidence.</p> <p>3. Same—repeal by implication. Where the authorities of a town adopted a subsequent ordinance revising the whole subject of selling or dealing in spirituous liquors:. Held, that this must be taken as a substitute for all prior ordinances on the same subject, although the last contained no words of repeal.</p> <p>4. Same—to what ordinance complaint refers. Where a complaint in a suit for violation of an ordinance recited the ordinance violated, by its title, and such ordinance was superseded by a subsequent one revising the whole subject, the title of which did not appear in the record, the defendant objected that no recovery could be had, as the ordinance referred to in the complaint had been repealed: Held, that the recovery could be sustained under the subsequent ordinance, as its title may have been the same as the one repealed.</p>