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67 Ill. 233

York v. Kile

Illinois Supreme Court

Decided January 15, 1873

Illinois Supreme Court · decided 1873-01-15

<p>Writ of Error to the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding.</p>

Decided 1873-01-15

Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2This was an injunction staying a judgment atlaw, the amount of which was ten dollars and forty-four cents, obtained before a justice of the peace.

¶3Section 8 of the act entitled “Ne Exeat and Injunctions,” Ch. 72, R. S. 1845, provides in express terms that no writ of injunction shall be granted to stay proceedings under a judgment obtained before a justice of the peace for a sum not exceeding twenty dollars besides the costs.

¶4The circuit court decided properly in dismissing the bill, and the decree must be affirmed. We have looked into the merits, as the testimony is before us, and think it greatly preponderates in favor of appellee.

¶5Decree affirmed.

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