Bullock v. Geomble

Citations

• 45 Ill. 218

Syllabus

<p>1. Evidence—town records—what sufficient identification of to admit in emdence. Where, from the bill of exceptions, it appeared that a witness testified that he was then acting as town clerk, and stated, “ this is the town record,” and thereupon such record was offered in evidence, which was objected to, but no specific objection assigned,—held, that such identification was sufficient to admit the record to be read in evidence.</p> <p>3. Statutes—penal—must he strictly construed and observed—in proceedings under to divest title. In all penal and summary proceedings for the divestiture of title to property, the law must be strictly construed, and its requirements rigidly observed.</p> <p>3. Ordinances — authorizing summary proceedings, for appraisement of damages, and prohibiting a trial by jury—void. An ordinance of the town of Chatsworth, restraining stock from running at large, provided, among other things, that if the owner failed to reclaim them within a certain time, “ and pay all costs of impounding, and the damages which the stock may have done, the damages to he assessed by three disinterested men, citizens of said town,” they should he sold to satisfy such costs and damages,—held, that the ordinance was unconstitutional and void; that, the proceeding being one for damages, the owner was entitled to a trial by jury, the same as in any other case at law, and could not he deprived of such right.</p>