Beesman v. City of Peoria
This text of 16 Ill. 484 (Beesman v. City of Peoria) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The mayor of the city of Peoria lias no judicial power under the constitution, and can have none, as settled in The State, ex rel. City of Rockford, v. Maynard, 14 Ill. R. 420. Having no,power to enter judgment of fine, an appeal can confer no jurisdiction of the offense upon the circuit court. Ginn v. Rodgers, 4 Gil. R. 134. Where the circuit court has no original, but only appellate, jurisdiction, consent can give none ; it must be by appeal, and, to acquire it by appeal, the court below must have original jurisdiction. 4 Gil R. 134.
The case of Allen v. Belcher, administrator, has no application here, for the inferior court there may not have had, but the circuit had original jurisdiction. 3 Gil. R. 596.
The circuit court should have dismissed the complaint for want of jurisdiction, both in the circuit and mayor’s court.
Judgment reversed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
16 Ill. 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beesman-v-city-of-peoria-ill-1855.