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Yates v. Village of Batavia

Alphonso Yates v. The Village of Batavia

Yates v. Vill. of Batavia, 79 Ill. 500 (1875)
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Court
Illinois Supreme Court · State Highest Courts
Decided
September 15, 1875
Judges
Scott
Citations
79 Ill. 500
Syllabus
Injunction—waiter of question of jurisdiction. A court of chancery has no jurisdiction to enjoin the prosecution of a suit for the violation of a village ordinance, nor is it within the power of the parties to waive the question of jurisdiction, and compel it to try the cause.
Summary
Appeal from the Circuit Court of Kane county; the Hon. Hikam H. Cody, 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 — Scott

Text extracted by OCR from a scanned original; check the original for exact wording.

Mr. Chief Justice Scott delivered the opinion of the Court:

Suits having been commenced against each of complainants for a violation of the provisions of a village ordinance, “to provide against the evils resulting from the sale or giving away of intoxicating liquors,” this bill was filed to enjoin the further prosecution of the suits, and to settle the legality of the ordinance.

A court of chancery has no jurisdiction, of the subject of this litigation, nor is it in the power of the parties to waive the questions relating to the jurisdiction of the court, and compel it to try the cause. Whatever defense, if any, existed to the several actions against complainants, was complete in a court of law where they were pending, and the court very properly dismissed them to that forum.

The decree will be affirmed.

Decree affirmed.

How later courts describe this case

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

Cited by 11 cases

View all citing references →
1886–1887: 21892–1893: 11894–1895: 11900–1901: 11902–1903: 11906–1907: 11910–1911: 11912–1913: 21918–1919: 118862026peak 1886 · 2

Relies on it most ⓘ

  1. Poyer v. Village of Des Plaines13 N.E. 819 (Ill. 1887)
  2. City of Chicago v. Chicago City Railway Co.78 N.E. 890 (Ill. 1906)
  3. Village of Dolton v. Dolton66 N.E. 323 (Ill. 1903)
  4. Chicago, Burlington & Quincy Railroad v. City of Ottawa36 N.E. 85 (Ill. 1894)
  5. Shredded Wheat Co. v. City of Elgin120 N.E. 248 (Ill. 1918)
  6. Poyer v. Village of Des Plaines20 Ill. App. 30 (1886)

Most recent

  1. Shredded Wheat Co. v. City of Elgin120 N.E. 248 (Ill. 1918)
  2. City of Jacksonville v. Vieira184 Ill. App. 279 (1913)
  3. Hoffman v. Tooele City130 P. 61 (Utah 1913)
  4. Powell v. Incorporated Village of Ashville11 Ohio N.P. (n.s.) 369 (Oh. Ct. Com. Pl., Pickaway 1911)
  5. City of Chicago v. Chicago City Railway Co.78 N.E. 890 (Ill. 1906)
  6. Village of Dolton v. Dolton66 N.E. 323 (Ill. 1903)

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 0

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