Appellate Court of Illinois, 1915

City of Chicago v. Smith

Appellate Court of Illinois · Decided June 17, 1915 · Fitch

194 Ill. App. 305

Opinion of the Court

Mr. Presiding Justice Fitch

delivered the opinion of the court.

3. Municipal corporations, § 864*—when failure to prove ordinance justifies finding for defendant. Where an ordinance is not set out but is only referred to by section number in the plaintiff’s statement of claim in the Municipal Court, in an action to recover a penalty, and the ordinance was neither offered in evidence nor considered at the trial, the only finding that the trial court could make was in favor of the defendant.

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