Heagle v. Wheeland

Citations

• 64 Ill. 423

Syllabus

<p>1. Suit by a town, for its benefit—jurisdiction of justice residing in the town. Where a suit is brought by a town before a justice of the peace within the town, contrary to the provisions of section 6 of Article 12 of the township organization law, prohibiting the town, where the suit is brought for its benefit, from suing before a justice residing within the same, the purchaser of property of the defendant, sold by virtue of an execution issued on a judgment rendered in such suit, acquires no title by his purchase, the whole proceeding before the justice being void for want of jurisdiction of the subject matter.</p> <p>2. Replevin—whether the action will lie.' Where property is seized and sold, for a fine, the party against whom the fine was recovered, and whose property was Sold in satisfaction thereof, may contest the purchaser’s title to the property, in an action of replevin.</p>