Hoyer v. Town of Mascoutah

Citations

• 59 Ill. 137

Syllabus

<p>1. Penalty—proceeding to collect, whether civil or criminal. It has been held that a proceeding to collect a penalty for the violation of a town ordinance is a civil suit—that such a penalty Can not be recovered in any criminal proceeding.</p> <p>2. Same—where offense charged is assault and battery. Where it is sought to recover such a penalty, the fact that the offense charged is assault and battery, does not change the character of the proceeding. The town only acquires jurisdiction because the offense is prohibited by ordinance.</p> <p>3. Appeals, in such cases. In all such cases, appeals from justices of the peace must be allowed and perfected under the provisions of the statute allowing appeals in civil cases. ,</p> <p>4. Amendment of appeal bond. Apd if the appeal bond should be found to be defective, it is the duty of the circuit court to allow amendments, as in civil cases.</p>