People ex rel. Rusch v. Kirgis

Appellate Court of Illinois

People ex rel. Rusch v. Kirgis

4 N.E.2d 894, 287 Ill. App. 378, 1936 Ill. App. LEXIS 395

CourtAppellate Court of Illinois

DecidedNovember 30, 1936

DocketGen. No. 38,847

StatusPublished

This text of 4 N.E.2d 894 (People ex rel. Rusch v. Kirgis) 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

People ex rel. Rusch v. Kirgis, 4 N.E.2d 894, 287 Ill. App. 378, 1936 Ill. App. LEXIS 395 (Ill. Ct. App. 1936).

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Opinion

Mr. Justioe Hall

delivered the opinion of the court.

On February 5, 1936, a petition was filed in the county court of Cook county, in which it was charged that the defendants, Frank J. Kirgis, Steve Burns and James E. Sheehan, judges and clerks of election, were guilty of misconduct and misbehavior as such judges and clerks at a general election held in the city of Chicago Heights, State of Illinois, on April 16, 1936, and were, therefore, guilty of contempt of the county court. After a hearing, the defendants were found guilty of contempt, as charged. An order to show cause had theretofore been issued by the court. Thereafter, this order was made absolute, and each of the defendants was sentenced to serve a term of one year in the county jail of Cook county. They now seek to have the judgment of the county court reviewed by writ of error.

The Supreme Court of this State, in the cases of People v. Kotwas, 363 Ill. 336, People v. Ford, 363 Ill. 340, People v. Benjamin, 363 Ill. 344, and recently in the case of People v. Brown, 364 Ill. 273, has held that a judgment of the character of the judgment in this case cannot be reviewed by writ of error, but that appeal is the proper procedure. The writ of error is, therefore, dismissed.

Writ of error dismissed.

Denis E. Sullivan, P. J., and Hebel, J., concur.

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Mr. Justioe Hall

delivered the opinion of the court.

On February 5, 1936, a petition was filed in the county court of Cook county, in which it was charged that the defendants, Frank J. Kirgis, Steve Burns and James E. Sheehan, judges and clerks of election, were guilty of misconduct and misbehavior as such judges and clerks at a general election held in the city of Chicago Heights, State of Illinois, on April 16, 1936, and were, therefore, guilty of contempt of the county court. After a hearing, the defendants were found guilty of contempt, as charged. An order to show cause had theretofore been issued by the court. Thereafter, this order was made absolute, and each of the defendants was sentenced to serve a term of one year in the county jail of Cook county. They now seek to have the judgment of the county court reviewed by writ of error.

The Supreme Court of this State, in the cases of People v. Kotwas, 363 Ill. 336, People v. Ford, 363 Ill. 340, People v. Benjamin, 363 Ill. 344, and recently in the case of People v. Brown, 364 Ill. 273, has held that a judgment of the character of the judgment in this case cannot be reviewed by writ of error, but that appeal is the proper procedure. The writ of error is, therefore, dismissed.

Writ of error dismissed.

Denis E. Sullivan, P. J., and Hebel, J., concur.

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4 N.E.2d 894, 287 Ill. App. 378, 1936 Ill. App. LEXIS 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-rusch-v-kirgis-illappct-1936.

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