Puterbaugh v. Smith

Citations

• 131 Ill. 199
• 23 N.E. 428

Syllabus

<p>1. Right of trial by juey—taking depositions—refusal to obey subpoena— amendatory act of 1879—constitutionality. So much of the act of May, 1879, amending section 36, of chapter 51, of the Revised Statutes, entitled “Evidence,” as authorizes the circuit court, or circuit judge, in vacation, to punish in a summary manner, by fine and imprisonment, or fine or imprisonment, a person who shall refuse to obey a subpoena of a notary public to appear and have his deposition taken, or to subscribe his name to his deposition, is unconstitutional and void, as depriving the party of-a right to a trial by jury.</p> <p>2. Same—exceptions to constitutional right. It is conceded, however, that the enforcement of the authority of the court during the progress of a trial, for the speedy, orderly and impartial administration of justice between litigants, and the enforcement of final judgments and orders after trial, according to the principles and precedents of the common law, are not within the contemplation of section 9, article 2, of the constitution, guaranteeing a trial by jury.</p>