{
  "id": 2846323,
  "name": "The People of the State of Illinois for use of State Board of Health, Defendant in Error, v. Frank Klimek, Plaintiff in Error",
  "name_abbreviation": "People ex rel. State Board of Health v. Klimek",
  "decision_date": "1913-12-04",
  "docket_number": "Gen. No. 18,477",
  "first_page": "59",
  "last_page": "60",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 59"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 159,
    "char_count": 2036,
    "ocr_confidence": 0.542,
    "sha256": "c4c0565862bb1b34b89022c31e2b792a0fd8c3fee4cf60863c0d49fe9748920e",
    "simhash": "1:4b0edf9999adb0b9",
    "word_count": 350
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  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois for use of State Board of Health, Defendant in Error, v. Frank Klimek, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gridley\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Gridley"
      }
    ],
    "attorneys": [
      "Brady & Levy, for plaintiff in error; Josiah Burhham, of counsel.",
      "Charles Alling, Jr., for defendant in error."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois for use of State Board of Health, Defendant in Error, v. Frank Klimek, Plaintiff in Error.\nGen. No. 18,477.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. John D. Turnbaush, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed December 4, 1913.\nStatement of the Case.\nAction by the People of the State of Illinois for the use of the State Board of Health against Frank Klimek to recover the sum of two hundred dollars as a penalty for a second offense of practicing medicine without a license. From a judgment against defendant for two hundred dollars, defendant brings error.\nBrady & Levy, for plaintiff in error; Josiah Burhham, of counsel.\nAbstract of the Decision.\n1. Penalties, \u00a7 5 \u2014when suit for penalty is a civil proceeding. Where an offense is created by statute and a penalty is fixed for its commission which is to be recovered in an action of debt and not by prosecution, the action is civil and the rules of criminal pleading and procedure do not apply to it.\n2. Physicians and surgeons, \u00a7 8 \u2014nature of proceeding to recover statutory penalty for practicing without a license. A proceeding under the Act of 1899, relating to the practice of medicine, J. & A. \u00b6 7390, to recover a penalty for the offense of practicing medicine without a license, is not a criminal proceeding requiring the offense to he proved beyond a reasonable doubt.\n3. Physicians and surgeons, \u00a7 8 \u2014burden of proof. In action to recover a penalty for offense of practicing medicine without a license, the burden is upon defendant to prove that he had such a license.\n4. Appeal and error, \u00a7 479 \u2014when objections to instructions not available. Objections to instructions not specifically called to the attention of the trial court, not preserved for review.\nCharles Alling, Jr., for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0059-01",
  "first_page_order": 83,
  "last_page_order": 84
}