Town of Partridge v. Snyder

Citations

• 78 Ill. 519

Syllabus

<p>1. Appeal prom judgments op justices op the peace. An appeal lies from a judgment of a justice of the peace in a proceeding to recover a penalty, under sec. 58 of the act in relation to Roads and Bridges, Revised Statutes, 1874.</p> <p>2. Obstructing roads—proceeding to recover penalty for, is a civil action. The proceeding before a justice of the peace to recover the penalty imposed for obstructing a road, by sec. 58 of the act in relation to Roads and Bridges, Revised Statutes, 1874, is a civil action, and not a criminal action, nor a case of a criminal nature.</p> <p>3. It is an action of debt or assumpsit for the recovery of a penalty, and plainly falls within the words of the general statutory provision, that appeals shall be granted in all cases contained in the act conferring jurisdiction on justices of the peace, where the action of assumpsit or debt will lie.</p> <p>4. Appeal bond. Where an appeal is taken by the town from a judgment of a justice of the peace, in such a case the bond should be executed by the supervisor of the town, in the name of the town, and not by the commissioner of highways.</p> <p>5. Same—amendment. Where, in a proceeding to recover a penalty for obstructing a road, an appeal was attempted to be taken from the judgment of the justice of the peace, and an appeal bond was executed by the commissioner of highways and approved by the justice of the peace, it was the duty of the court to permit the town to file a sufficient appeal bond.</p>