People ex rel. Wolff v. Wheeler
This text of 60 Ill. App. 351 (People ex rel. Wolff v. Wheeler) 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.
Opinion
delivered the opinion oe the Court.
Courts do not sit for the purpose of entering judgment in matters about which there is neither controversy nor necessity for adjudicating. A court may sua aponte dismiss a suit which appears to be a mere mock contention.
Proceedings under the act concerning bastardy are not so much for the purpose of determining whether the defendant is the father of the child, as to the end that a fund may be provided for its support. If the defendant is willing, without trial, to do all that he .can be required after trial and judgment against him, there is no reason why a trial should be had.
In the present case a trial could not have resulted in an order upon the defendant to pay more than he voluntarily, without trial, paid.
The action of the court in the premises was therefore entirely proper and its judgment is affirmed.
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Cite This Page — Counsel Stack
60 Ill. App. 351, 1895 Ill. App. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wolff-v-wheeler-illappct-1895.