{
  "id": 3196960,
  "name": "James Whipple v. The People ex rel. Nathaniel Buzzell",
  "name_abbreviation": "Whipple v. People ex rel. Buzzell",
  "decision_date": "1899-06-17",
  "docket_number": "",
  "first_page": "258",
  "last_page": "259",
  "citations": [
    {
      "type": "official",
      "cite": "180 Ill. 258"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "92 Ill. 426",
      "category": "reporters:state",
      "reporter": "Ill.",
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          "page": "464"
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      "cite": "92 Ill. 426",
      "category": "reporters:state",
      "reporter": "Ill.",
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  "last_updated": "2023-07-14T19:50:13.640168+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "James Whipple v. The People ex rel. Nathaniel Buzzell."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Craig\ndelivered the opinion of the court:\nThis was a proceeding instituted in the circuit court of DeKalb county in the name of The People ex rel. Nathaniel Buzzell, against James Whipple, to contest the title of the respondent to the office of commissioner of highways of the township of Sycamore, in DeKalb county. The defendant, James Whipple, pleaded to the information, setting up title to the office. Replications were filed and. a hearing was had before the court on the pleadings and evidence, and the court entered a judgment of ouster. The respondent prayed for and obtained an appeal to this court.\nThis is not a criminal case, nor one involving a freehold, a franchise or the validity of a statute, and under the Appellate Court act and sections 88 and 90 of the Practice act an appeal from a judgment of ouster will not lie to this court but must be taken to the Appellate Court, as held in People v. Holtz, 92 Ill. 426, and McGrath v. People, 100 id. 464. As these cases are conclusive of the question no further discussion is required.\nThe appeal will be dismissed, but leave will be granted appellant to withdraw the record, abstract and briefs, to be filed in the Appellate Court.\nAppeal dismissed.",
        "type": "majority",
        "author": "Mr. Justice Craig"
      }
    ],
    "attorneys": [
      "George Brown, and Cliffs & Cliffe, for appellant.",
      "Henry S. Early, State\u2019s Attorney, (Carnes & Dunton, of counsel,) for appellee."
    ],
    "corrections": "",
    "head_matter": "James Whipple v. The People ex rel. Nathaniel Buzzell.\nOpinion filed June 17, 1899.\nAppeals and errors\u2014when appeal must be taken to the Appellate Court. An appeal from a judgment of ouster, rendered in a proceeding in the name of the People to contest the title of the respondent to the office of commissioner of highways, must be taken to the Appellate Court. (People v. Holtz, 92 Ill. 426, and McGrath v. People, 100 id. 464, followed.)\nAppeal from the Circuit Court of DeKalb county; the Hon. George W. Brown, Judge, presiding.\nGeorge Brown, and Cliffs & Cliffe, for appellant.\nHenry S. Early, State\u2019s Attorney, (Carnes & Dunton, of counsel,) for appellee."
  },
  "file_name": "0258-01",
  "first_page_order": 258,
  "last_page_order": 259
}