Thorne v. Alcazar Amusement Co., 210 Ill. App. 173 (1918)

March 25, 1918 · Illinois Appellate Court · Gen. No. 23,882
210 Ill. App. 173

Helen J. Thorne, Appellee, v. Alcazar Amusement Company, Appellant.

Gen. No. 23,882.

(Not to be reported in full.)

Abstract of the Decision.

L Civil bights, § 2 * —what is nature of proceeding under statute to recover penalty for exclusion from amusement place. A proceeding, under sections 42 I, 42 J of the Criminal Code (J. & A. Ifli 3531, 3532), to recover the statutory penalty for refusing a colored person the right to occupy a seat in a place of amusement, for which the price of admission has been paid, though civil in form, is to recover a penalty for a criminal ofíense.

2. Municipal Coubt of Chicago, § 9*—what is extent of jurisdiction as to imposition of penalties for criminal acts. The Municipal Court of Chicago is a court of limited jurisdiction, and it has *174no jurisdiction to impose penalties for criminal acts committed beyond the limits of the city.

*173Appeal from the Municipal Court of Chicago; the Hon. John K. Prindiviule, Judge, presiding.

Heard in this court at the October term, 1917.

Reversed.

Opinion filed March 25, 1918.

Statement of the Case.

Action by Helen J. Thorne, a colored woman, plaintiff, against Alcazar Amusement Company, a corporation, defendant, to enforce the penalty provided by sections 42 I, 42 J of the Criminal Code (J. & A. ¡[If 3531, 3532), for wrongfully refusing to permit her to occupy a seat in a theater operated by defendant, for which she had purchased and received a ticket. From a judgment for plaintiff, defendant appeals.

Frank P. Leemngwele, for appellant.

No appearance for appellee.

Mr. Justice Dever

delivered the opinion of the court.

*1743. Municipal Court of Chicago, § 9 * —how jurisdiction to try criminal cases must appear. The jurisdiction of the Municipal Court of Chicago to try criminal cases must appear in the information or the pleadings upon which they are tried.