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· 9/15/1873

Happel v. Brethauer

Citations

  • 70 Ill. 166

Syllabus

<p>1. Statute—whether passed in the constitutional mode, can not he admitted, hut proof must he made to defeat a statute. The court will not act upon the admissions of parties that a statute has not been passed in the manner required by the constitution. Such fact must be shown either by the printed journals or the certificate of the Secretary of State.</p> <p>2. Justice ot the peace—;jurisdiction of, must he determined from the evidence. On appeal, the jurisdiction of a justice of the peace is not determined from the process issued by him or the amount indorsed on the summons, but by the evidence heard upon the trial of the appeal.</p>

Judges: Scholfield, Thornton

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