Bowman v. St. John

Citations

• 43 Ill. 337

Syllabus

<p>Pleading. A, who was city marshal, arrested B for violating a city ordinance against obstructing a street. In an action of trespass by B against A for making the arrest, A pleaded justification under the ordinance; but the ordinance, as set out in the plea, simply declared the obstructing of a street a misdemeanor, without declaring a penalty, or giving to municipal authorities jurisdiction of the offense. On demurrer to the plea, — held, that such plea did not show that the city was entitled to recover a fine, impose a penalty, or issue process of any kind for the offense, and was therefore bad.</p>