Village of Morton v. Ausmus

Appellate Court of Illinois

Village of Morton v. Ausmus

333 N.E.2d 606, 31 Ill. App. 3d 649, 1975 Ill. App. LEXIS 2839

CourtAppellate Court of Illinois

DecidedSeptember 3, 1975

DocketNo. 74-397

StatusPublished

This text of 333 N.E.2d 606 (Village of Morton v. Ausmus) 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

Village of Morton v. Ausmus, 333 N.E.2d 606, 31 Ill. App. 3d 649, 1975 Ill. App. LEXIS 2839 (Ill. Ct. App. 1975).

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Opinion

Mr. JUSTICE STOUDER

delivered the opinion of the court:

This appeal is from the judgment of the circuit court of Tazewell County granting the motion of defendant, Kenneth Ausmus, to dismiss the complaint of the Village of Morton for driving while intoxicated.

Appellant, Village of Morton, has fully perfected its appeal and compliéd with all the rules of court. Appellee has not filed a brief in this court pursuant to the requirements of Supreme Court Rule 341 (Ill. Rev. Stat. 1973, ch. 110A, par. 341). The rule is well established that a judgment may be reversed where appellee has filed no. brief in the reviewing court contradicting statements in appellant’s brief which indicate the judgment was erroneous. Aarrow Ambulance v. Davis, 16 Ill.App.3d 318, 306 N.E.2d 363; Village of Seaton v. Carlson, 1 Ill.App.3d 759, 274 N.E.2d 662; 2 Ill.L.&Pr. Appeal and Error § 560 (1953).

For the foregoing reasons the judgment of the circuit court of Tazewell County is reversed.

Judgment reversed.

STENGEL and BARRY, JJ., concur.

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Mr. JUSTICE STOUDER

delivered the opinion of the court:

This appeal is from the judgment of the circuit court of Tazewell County granting the motion of defendant, Kenneth Ausmus, to dismiss the complaint of the Village of Morton for driving while intoxicated.

Appellant, Village of Morton, has fully perfected its appeal and compliéd with all the rules of court. Appellee has not filed a brief in this court pursuant to the requirements of Supreme Court Rule 341 (Ill. Rev. Stat. 1973, ch. 110A, par. 341). The rule is well established that a judgment may be reversed where appellee has filed no. brief in the reviewing court contradicting statements in appellant’s brief which indicate the judgment was erroneous. Aarrow Ambulance v. Davis, 16 Ill.App.3d 318, 306 N.E.2d 363; Village of Seaton v. Carlson, 1 Ill.App.3d 759, 274 N.E.2d 662; 2 Ill.L.&Pr. Appeal and Error § 560 (1953).

For the foregoing reasons the judgment of the circuit court of Tazewell County is reversed.

Judgment reversed.

STENGEL and BARRY, JJ., concur.

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333 N.E.2d 606, 31 Ill. App. 3d 649, 1975 Ill. App. LEXIS 2839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-morton-v-ausmus-illappct-1975.

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