People ex rel. Dyer v. Clark 187 Ill. App. 619

The People of the State of Illinois ex rel. Wayne H. Dyer, State’s Attorney, Appellee, v. Gertie Clark, Appellant.

Gen. No. 5,961.

(Not to he reported in full.)

Appeal from the Circuit Court of Kankakee county; the Hon. Chables B. Campbell, Judge, presiding. Heard in this court at the April term, 1914.

Certiorari allowed by Supreme Court.

Affirmed.

Opinion filed July 31, 1914.

Statement of the Case.

Petition filed by the People ex rel. Wayne H. Dyer, State’s Attorney of Kankakee County, for an attachment against Gertie Clark and Nellie Clark for con*620tempt of court in keeping a house of ill fame upon certain premises in violation of an injunction. The petition was dismissed as to Nellie Clark, and Gertie Clark was ruled to file a verified answer to the petition or information mstomter, and she made default. The court adjudged her guilty of wilful contempt of court, and sentenced her to imprisonment in the county jail for forty-five days and fined her two hundred dollars and costs. From the sentence, defendant Gertie Clark appeals.

Abstract of the Decision.

1. Appeai and ebbob, § 852*—certificate of evidence construed. A certificate of. evidence reciting that counsel for the respective parties made a stipulation as to a certain mutter and this was all the evidence offered on the hearing, construed to mean that the certificate was all the evidence heard except that recited in the order of court.

2. Injunction, § 259*—conclusiveness of contempt order entered on default. Where a person attached for contempt for violation of an injunction was defaulted and the averments of the petition confessed on failure to comply with a rule to file a verified answer, he cannot question the sufficiency of the evidence to support the order convicting for contempt.

3. Equity, § 461*—conclusiveness of default decree. One against whom a decree hy default is entered cannot question the sufficiency of the evidence to support it.

The case is in all respects, except one, similar in principle to People v. Clark, p. 613, ante. It relates to a house of ill fame kept in another location.

T. W. Shields, for appellant.

Wayne H. Dyer and John H. Beckers, for appellee.