Wiggins v. City of Chicago

Citations

• 68 Ill. 372

Syllabus

<p>1. Justice of the peace—appearance before cures irregularity as to manner case comes before the court. Where a suit for the violation of an ordinance,brought before one justice of the peace, is tried before another, and the defendant appears and goes to trial, it will not matter how the case came before the latter justice, as appearance gave jurisdiction of the defendant’s person.</p> <p>2. Criminal court of Cook county—what embraced in term “quasi criminal nature.” The criminal court of Cook county, under the present constitution, has jurisdiction in cases of a quasi criminal nature. These terms, as used, are intended to embrace all offenses not crimes or misdemeanors, but in the nature of crimes, and which are punished, not by indictment, but by forfeitures and penalties. It includes all qui tarn, actions, prosecutions for bastardy, informations in the nature of a quo warranto, and suits for the violation of ordinances.</p> <p>3. Vekdict ob finding—-form not material on appeal. On the trial of an appeal in a prosecution for violation of an ordinance, the court, trying the case without a jury, announced that he found the defendant guilty, instead of finding the issues for the plaintiff: Held, that the finding was sufficient, the substance being regarded in such cases and not the form.</p> <p>4. The books do not give any precise form for a verdict, the rules re■quiring that it be responsive to the issues. It may be pronounced in open court and then entered by the clerk in form, and should then be .read to the jury to avoid all mistake.</p> <p>5. Judgment—suit for breach of ordinance. On the trial of a prosecution for breach of an ordinance, on appeal, the court, after finding the defendant guilty, in rendering judgment ordered that “the defendant be fined the sum of §50, and pay the costs,” and awarded execution: Held, that while the judgment was informal and unskillfully drawn, it was sufficient and could be collected. •</p> <p>6. Obdinance—power to provide for