Village of Genoa v. Van Alstine

Citations

• 108 Ill. 555
• 1884 Ill. LEXIS 1514

Syllabus

<p>1. Eeeob—obviated byamendment. An error in a judgment in awarding execution against an incorporated village for costs, may be obviated, after appeal or writ of error, by amendment of tbe record in the court below, and filing a transcript thereof, by leave, in the Appellate Court.</p> <p>2. Appeals—reviewing controverted questions of fact. An action to recover a penalty for the violation of a village ordinance being only a civil suit, the finding of the facts by the Appellate Court, by affirming the judgment below, is conclusive on this court. The guilt or innocence of the defendant, and w'hether sales of liquor made by him were made in good faith, under a permit, are questions of fact.</p> <p>3. Sale op liqtjobs—under /permit of municipal authorities. Where a permit to sell intoxicating liquors for medicinal purposes, etc., is granted to a druggist in pursuance of an ordinance by the authorities of an incorporated village, the village will not be permitted to insist it was not a sufficient warrant for the sale of liquors under it, in accordance with its terms. On a prosecution by the People a different question would be'presented. But a municipal corporation will not be allowed to license an act to be done, and then collect a penalty for the doing of it as for an illegal act.</p>