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Peak v. People

George C. Peak v. The People of the State of Illinois

Peak v. People, 71 Ill. 278 (1874)

Court: Illinois Supreme Court · State Highest Courts
Decided: January 15, 1874
Judges: Sheldon
Citations: 71 Ill. 278

Cited by 16

Syllabus

1. Bastardy—appeal does not lie to the circuit court. The act of 1871-2 to increase the jurisdiction of county courts, limits appeals and writs of error which are thereby allowed, to cases under that act; and jurisdiction in bastardy cases not being conferred by that act, but by another, which gives no right of appeal, such cases can not be taken by appeal from the county court to the circuit court. 2. Jurisdiction—can not be conferred by consent on courts in which the law does not rest it. The fact that a defendant in a bastardy proceeding takes an appeal from the county court to the circuit court, can not confer jurisdiction on that court. Consent of parties can not confer jurisdiction upon a court in which the law has not vested it. 3. Same—effect of reversal of judgment for want of, in the circuit court, on appeal from county court. Where a judgment of the circuit court, on an appeal from the county court, is reversed, for want of jurisdiction in the circuit court to entertain the appeal, the judgment of the county court is left in force.

Summary

Appeal from the Circuit Court of Scott county ; the Hon. Cyrus Epler, Judge, presiding.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sheldon

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Mr. Justice Sheldon delivered the opinion of the Court:

This was a proceeding in bastardy, instituted against Peak, the appellant, in the county court of Scott county, wherein, upon a verdict of guilty, judgment was rendered against Peak. Upon his appeal therefrom to the circuit court of said county, the judgment was affirmed. From that judgment of affirmance by the circuit court, Peak has taken this appeal to this court.

We are of opinion that no appeal lay from the judgment of the county court to the circuit court. We are referred to no statute authorizing such an appeal, and we are unaware of the existence of any such statute.

The “Act to increase the jurisdiction of county courts,” laws of 1871—72, limits the appeals and writs of error which are thereby allowed, in express terms, to cases under that act.

There can be no 'pretense that this is a case under that act, unless it be deemed to fall under the third class of cases therein enumerated, viz : “all criminal cases and misdemeanors, where the punishment is not imprisonment in the penitentiary or death.”

But a prosecution for bastardy has been repeatedly decided by this court to be a civil and not a criminal proceeding. Mann v. The People, 35 Ill. 467 ; Pease v. Hubbard, 37 id. 257; The People v. Noxon, 40 id. 30; The People v. Starr, 50 id. 52. We do not, then, regard the above act as giving an appeal in such a case as the present.

Jurisdiction to try bastardy cases is not given to the county court by that act, but by another statute. Laws 1871—72, p. 198. This statute gives no right of appeal. Nor does the circumstance that Peak himself took the appeal to the circuit court, affect the question. Consent of parties can not confer jurisdiction upon a court in which the law has not vested it. Ginn et al. v. Rogers, 4 Gilm. 131 .

The judgment of the circuit court is reversed, which will leave that of the county co.urt in force.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 16 cases

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Relies on it most ⓘ

Superior Coal Co. v. O'Brien50 N.E.2d 453 (Ill. 1943)
Chicago Portrait Co. v. Chicago Crayon Co.75 N.E. 473 (Ill. 1905)
Fleischman v. Walker91 Ill. 318 (1878)
Drainage Commissioners v. Harms87 N.E. 277 (Ill. 1909)
People v. Industrial Savings Bank275 Ill. 139 (1916)
Sanford v. Roberts236 S.W. 571 (Ky. Ct. App. 1922)

Most recent

Anderson v. Samuelson92 N.E.2d 343 (Ill. App. Ct. 1950)
Aetna Plywood & Veneer Co. v. Robineau83 N.E.2d 896 (Ill. App. Ct. 1949)
Superior Coal Co. v. O'Brien50 N.E.2d 453 (Ill. 1943)
Sanford v. Roberts236 S.W. 571 (Ky. Ct. App. 1922)
Sims v. City of Moline222 Ill. App. 530 (1921)
People v. Industrial Savings Bank275 Ill. 139 (1916)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Mann v. People, 35 Ill. 467 (1864)	15