City of Alton v. Kirsch

Citations

• 68 Ill. 261

Syllabus

<p>1. Ordinance op city—necessity of complaint for a violation. If the ordinances of a city do not require a complaint in writing, on oath, for their violation, a defect in such complaint when made will not vitiate, provided the justice of the peace has jurisdiction of the subject matter.</p> <p>2. On appeal in a prosecution for the violation of a city ordinance, the suit was dismissed because neither the complaint nor warrant showed that the act complained of was committed in the city: Meld, in the absence of proof to the contrary, that it could not be presumed that the ordinances required a written complaint, under oath, and in that event a substantial defect in the complaint could not deprive the circuit court of jurisdiction to hear and determine the case upon its merits.</p> <p>3. Same—-process. Although an ordinance may require a complaint under oath to justify the commencement of a prosecution thereunder, and may provide for the issuing of a capias for the arrest of the offender, this will not determine the character of the proceeding. The capias may operate as a summons only.</p> <p>4. Appeal—defects in proceedings cured by. On appeal from the judgment of a justice of the peace to the circuit court, no advantage can be taken of any irregularity in the process issued by the justice or in its service. The only requisite is, jurisdiction of the subject matter in the justice. If that exists the trial is to be had de novo.</p>