Holmes v. Fihlenburg
Illinois Supreme Court
Holmes v. Fihlenburg, 54 Ill. 203 (Ill. 1870)
Lawrence
Holmes v. Fihlenburg
Opinion of the Court
delivered the opinion of the Court:
This record presents the question whether the legislature, in creating the court of common pleas in the city of Sparta, in Randolph county, at the session of 1869, had power to authorize the court to issue its summons beyond the city limits, and acquire jurisdiction over a defendant served without the city. This question was fully considered and decided by this court in The People v. Evans, 18 Ill. 362, and we fully concur in the reasoning and, conclusion of the court in that case. In the case before us, the court acquired no jurisdiction, and the demurrer to the defendant’s plea should have been overruled. The judgment is reversed and the cause remanded.
Judgment reversed.
Reference
- Full Case Name
- Joseph B. Holmes v. Charles Fihlenburg
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- 1. Infebiob coubts in cities—their territorial jurisdiction—construction of the constitution. Under section one of the fifth article of the constitution of 1848, which provides “ that inferior local courts” “ may be established by the general assembly in the cities of this State,” but that “ such courts shall have a uniform organization and jurisdiction in such cities,” the general assembly have no power to authorize such a court to issue its summons beyond the limits of the city in which it is established, and acquire jurisdiction over a defendant served without the city. 2. Court of common pleas of the city of Spa/rta—its territorial jurisdiction. So the court of common pleas of the city of Sparta, created at the session of 1869, can not acquire jurisdiction of the person of a defendant by issuing' a summons beyond the city limits, and there served upon the defendant.