Peak v. People

Citations

• 71 Ill. 278

Syllabus

<p>1. Bastardy—appeal does not lie to the circuit court. The act of 1871-2 to increase the jurisdiction of county courts, limits appeals and writs of error which are thereby allowed, to cases under that act; and jurisdiction in bastardy cases not being conferred by that act, but by another, which gives no right of appeal, such cases can not be taken by appeal from the county court to the circuit court.</p> <p>2. Jurisdiction—can not be conferred by consent on courts in which the law does not rest it. The fact that a defendant in a bastardy proceeding takes an appeal from the county court to the circuit court, can not confer jurisdiction on that court. Consent of parties can not confer jurisdiction upon a court in which the law has not vested it.</p> <p>3. Same—effect of reversal of judgment for want of, in the circuit court, on appeal from county court. Where a judgment of the circuit court, on an appeal from the county court, is reversed, for want of jurisdiction in the circuit court to entertain the appeal, the judgment of the county court is left in force.</p>