Poyer v. Village of Des Plaines

Citations

• 123 Ill. 111
• 13 N.E. 819

Syllabus

<p>1. Criminal proceeding—prosecution under city ordinance. Ordinances of towns and cities for the protection of persons and property and preservation of peace and good order, and proceedings under them, although civil in form, to recover a penalty, are quasi criminal in character.</p> <p>2. Chancery—jurisdiction—to restrain a criminal or quasi criminal prosecution. Courts of equity will not, as a general rule, interfere to restrain criminal or quasi criminal prosecutions, or take jurisdiction of any case or matter not strictly of a civil nature.</p> <p>3. Same—as, in case of prosecutions wider city or village ordinance. Where ordinances have been enacted by the proper authorities, a court of equity will not interfere, by injunction, to restrain their enforcement in the appropriate courts, upon the ground that such ordinances are alleged to be illegal, or because of the alleged innocence of the party charged. Nor will that court enjoin such proceedings for the purpose of determining the validity of the ordinance in a court of law, when the defendant has an adequate remedy at law for any injury he may sustain.</p> <p>4. Same—to prevent irreparable injwry—and a multiplicity of suits. There are two exceptions, clearly recognized, to the rule that courts of equity will not interfere to restrain trespasses, whether committed under the forms of law or otherwise, which are, first, to prevent irreparable injury; and second, to prevent a multiplicity of suits.</p> <p>5. Before a court of equity will interfere to prevent a trespass or an illegal prosecution under an ordinance, upon the ground of irreparable injury, facts and circumstances must be alleged from which it may be seen that irreparable mischief will be the result of the act complained of, and that the law can afford the party no adequate remedy. A general allegation to that effect will not suffice.</p> <p>6. To entitle a party to maintain a bill of peace, or bill to prevent a multiplicity of suits at law, there mus