{
  "id": 2605739,
  "name": "Mothers' Remedies Co. v. The People, etc.",
  "name_abbreviation": "Mothers' Remedies Co. v. People",
  "decision_date": "1902-01-21",
  "docket_number": "",
  "first_page": "570",
  "last_page": "572",
  "citations": [
    {
      "type": "official",
      "cite": "99 Ill. App. 570"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "92 Ill. App. 152",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        5283069
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/92/0152-01"
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    {
      "cite": "50 App. 555",
      "category": "reporters:state",
      "reporter": "Ohio App.",
      "opinion_index": 0
    },
    {
      "cite": "120 Ill. 244",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5385753
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      "opinion_index": 0,
      "case_paths": [
        "/ill/120/0244-01"
      ]
    },
    {
      "cite": "50 Ill. App. 555",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5121779
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/50/0555-01"
      ]
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  "analysis": {
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    "ocr_confidence": 0.546,
    "pagerank": {
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    "word_count": 453
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  "last_updated": "2023-07-14T18:49:57.366340+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mothers\u2019 Remedies Co. v. The People, etc."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivered the opinion of the court.\nThis case was begun before A. JR. Porter, one of the justices of the peace in and for Cook county, Illinois, and is for an alleged violation of section 2 of an act entitled \u201c An act to regulate the practice of pharmacy in Illinois,\u201d which is as follows:\n\u201c Section 2. That it shall be unlawful for any person not a registered pharmacist, within the meaning of this act, to open or conduct any pharmacy, dispensary, drug store, apothecary shop or store for the purpose of retaiiing, compounding or dispensing medicines or poisons, and any person violating any of the provisions of this act shall be liable to a penalty of not less than twenty nor more than one hundred dollars for every such violation.\u201d * * * Hurd\u2019s Revised Statutes, 1895, page 1029.\nA fine of $20 and costs was entered by the justice. An appeal was taken to the Circuit Court of Cook County.\nThe proceeding is quasi-criminal. C., R. I. & P. Ry. Co. v. Calumet, 50 Ill. App. 555. What a proceeding before a justice of the peace is, is not determined by what he may call it. Marking the papers in this case \u201c assumpsit \u201d did not make it an action of assumpsit.\n\u201c An appeal in any case at law is a matter of positive law and only lies as provided by law.\u201d In the Matter of Story, 120 Ill. 244, and cases set out at page 254; C., R. I. & P. Ry. Co. v. Town of Calumet, 50 App. 555; John Moeller et al. v. The People of the State of Illinois, 92 Ill. App. 152.\nThe Circuit Court has only original jurisdiction of quasi-criminal cases.\nThe appeal should have been taken to the Criminal Court. The appeal to this court is dismissed.\nAppeal dismissed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "Edwin L. Harpham and Louis P. Kraft, attorneys for appellant.",
      "Kitt Gould, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "Mothers\u2019 Remedies Co. v. The People, etc.\n1. Appeals \u2014 In Prosecutions Under the Pharmacy Act. \u2014 A prosecution for a violation of the pharmacy act, is quasi-criminal, and an appeal from such a prosecution in Cook county, is to be taken to the Criminal Court of such county. The nature of such prosecution is not to be determined by the name the justice before, whom it is had may see fit to give it.\n2. Jurisdiction \u2014 Uf Appeals in, Quasi-Criminal Cases. \u2014 The Circuit Court of Cook County has only original jurisdiction of quasi-criminal cases.\nProsecution for a Violation of the Pharmacy Act-. \u2014 Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.\nAppeal dismissed.\nOpinion filed January 21, 1902.\nEdwin L. Harpham and Louis P. Kraft, attorneys for appellant.\nKitt Gould, attorney for appellee."
  },
  "file_name": "0570-01",
  "first_page_order": 596,
  "last_page_order": 598
}