City of Chicago v. West Side Metal Refining Co., 237 Ill. 347 (1908)

Dec. 15, 1908 · Illinois Supreme Court
237 Ill. 347
The City of Chicago, Appellant, vs. The West Side Metal Refining Company, Appellee

The City of Chicago, Appellant, vs. The West Side Metal Refining Company, Appellee.

Opinion filed December 15, 1908.

Appeals and Errors—when an appeal does not lie to Supreme Court without certificate of importance. In the absence of a certificate of importance an appeal does not lie to the Supreme Court from a judgment of the Appellate Court reversing a judgment for $100 and costs of suit recovered by a city in an action to recover a penalty for an alleged violation of a city ordinance.

Appeal from the Appellate Court for the First District ;—heard in that court on writ of error to the Municipal Court of Chicago; the Hon. John C. Scovel, Judge, presiding.

George H. White, (Henry M. Seligman, of counsel,) for appellant.

Benjamin E. Cohen, (H. J. Rosenberg, of counsel,) for appellee.

Mr. Justice Farmer

delivered the opinion of the court:

This suit was begun by appellant, the city of Chicago, filing a prcecipe in the municipal court in said city for a summons against appellee. The bill of particulars stated that the city of Chicago claimed a penalty, not exceeding $100, for the violation of section 2040 of the revised municipal code of the city of Chicago by appellee for carrying on in said city the business of junk dealer without first obtaining a license so to do. Summons was issued as prayed, and served. Trial was had in the municipal court, and a judgment entered against appellee for $100 debt and costs of suit and an execution awarded therefor. Appellee here, who was defendant below, appealed from the judgment of the municipal court to the Appellate Court. That court reversed the judgment of the municipal court without remand*348ing the case, and the city of Chicago has brought the case to this court by appeal.

The Appellate Court made no certificate of importance. The statute does not warrant appeals from the Appellate Court to this court in such cases, and the appeal is dismissed.

Appeal dismissed.