City of Carthage v. Duvall

Appellate Court of Illinois

City of Carthage v. Duvall

105 Ill. App. 123, 1902 Ill. App. LEXIS 41

DecidedNovember 1, 1902

StatusPublished

This text of 105 Ill. App. 123 (City of Carthage v. Duvall) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Carthage v. Duvall, 105 Ill. App. 123, 1902 Ill. App. LEXIS 41 (Ill. Ct. App. 1902).

Pincite

Opinion

Mr. Justice Harker

delivered the opinion of the court.

This was an action of debt brought by the City of Carthage against appellee for an alleged violation of an ordinance of the- city prohibiting the selling of intoxicating liquor within the city. Appellee was the agent of the Adams Express Company at Carthage, and the alleged violation consisted of receiving packages “ C. O. D.,” delivering them to the consignees, collecting from them and remitting to the consignors. The case was tried by the court on an agreed state of facts, resulting in a finding and judgment for appellee. The case is identical, as to the facts, with the case of Robert Munsell v. The City of Carthage, opinion filed at this term of court. It was tried by a different judge, however, and a different result was reached. As the judgment harmonizes with the views expressed in the opinion already filed (which need not be here repeated), the same will be, affirmed.

Mr. Presiding Justice Wright dissents,

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Mr. Justice Harker

delivered the opinion of the court.

This was an action of debt brought by the City of Carthage against appellee for an alleged violation of an ordinance of the- city prohibiting the selling of intoxicating liquor within the city. Appellee was the agent of the Adams Express Company at Carthage, and the alleged violation consisted of receiving packages “ C. O. D.,” delivering them to the consignees, collecting from them and remitting to the consignors. The case was tried by the court on an agreed state of facts, resulting in a finding and judgment for appellee. The case is identical, as to the facts, with the case of Robert Munsell v. The City of Carthage, opinion filed at this term of court. It was tried by a different judge, however, and a different result was reached. As the judgment harmonizes with the views expressed in the opinion already filed (which need not be here repeated), the same will be, affirmed.

Mr. Presiding Justice Wright dissents,

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Bluebook (online)

105 Ill. App. 123, 1902 Ill. App. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-carthage-v-duvall-illappct-1902.