# Appellants Brief — Schilb v. Kuebel > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0343%3A04 ## Record - **Collection:** Supreme Court brief - **Document type:** Appellants Brief - **Published:** January 1, 1972 - **Citation:** 404 U.S. 357 ## Text ab bees: — oe - wee. Pa SRSA Leh a ete. LIBRARY | ju i6 isn Ce neon SEAY ER, CLER } 4 see me So EN CT IN THE Supreme Court of the United States October Ter, 1970 ose 0-90 No. e¢49—~ JOHN SCHILB, et al. Plaintiff s-Appellants, US. VINCENT P. KUEBEL, as Clerk ‘of Me ‘Circuit Court of St. Clair County, et al., Defendants-Appellees. Appeal from the Supreme Court of the State of Illinois BRIEF FOR APPELLANTS SAM 8S. PESSIN, JOHN J. O'TOOLE, 25 Main Street, 111 West Washington Street, Belleville, Illinois ‘62220. Chicago, Illinois 60602. CORNELIUS F. DORE, JOHN C. CASTANES, One North La Salle Street, 69 West Washington Street, ‘Chicago, Illinois 60602. Chicago, Illinois 60602. Attorneys for Plaintiffs-Appellants. — f EE KEENAN PRINTING COMPANY -50-51; Ree. 11) and the dissenting opinion of Justice Thomas #.. Kluczynski and Justice Walter V. Schaefer -. filed (A. 30, 44-47; Rec. 8). A Motion for Reconsideration - of the denial of the Petition for Rehearing was denied | on January 14, 1971 (A. 51-52; Ree. 13). The Notice of Appeal to the Supreme Court of the United States was filed on February 12, 1971 (A. 54; Rec. 16). The Jurisdictional Statement and Record were filed and docketed on March 1, 1971, and probable juris- . diction noted on April 26, 1971. The jurisdiction of the Supreme Court of the United States to review the judgment of the Supreme Court of Minois by appeal is invoked and conferred by 28 U.S.C. 3 : . : (c) Once bail has been given and a charge is: pending. or is thereafter filed in of transferred to a court of com- petent jurisdiction the latter court shall continue the - original bail in that court subject tomthe provisions of Section 110-6 of this Code. _ . (d) After ‘eonviction the court may order that the original bail stand as bail, pending appeal or deny, in- crease or feduce bail. | “Se @ (e) After tHe entry of an: order by the trial court al- lowing or denying bail pendmhg appeal either party may apply to the reviewing court having jurisdiction or to a Justice thereof sitting in vacation for an order increasing e ° P . . ee ee , —_ = . FBR ea INA RL Sass = 3 % Ai eis VERO EAL ALO AB LAI ¥ At the request of the defendant the .céurt may order such 90% of defendant’s bail deposit, or whatever amount . repayable to defendant from such deposit, to’ be; paid to. defendant’s attorney -of record. . Cbiorndisth i Kae vx: (g) If the accused.does not comply with the condi- _ tions of the bail bond the court having jurisdiction shall pf enter an order declaring the bail to be forfeited. Notice — 7 of such order of forfeiture shall be mailed forthwith to : the accused at his last know address. If the accused does not appear and surrender to the court having jurisdie- tion within 30-days from the date of the forfeiture or within such period satisfy the court that appearance and surrender .by the accused is impossible and without, his ; fault the court shall enter judgment for the State if the | ‘eharge for which the bond’ was given was a felony ,or i misdemeanor, or if the charge’ was quasi-criminal or t fic, judgment for the political subdivision of the State which prosecuted the, case, against the accused for the amount of the bail and costs of the court proceedings. The deposit made in accordance with subsection (a) shall be applied to the payment of costs. If any amount of - such deposit remains after the payment of costs it shall» A. applied to payment of the judgment and transferred to Ys Bk ite Sie oh, Vil. . ; \ ° the treasury of the municipal corporation wherein the bond was taken if the offense was a violation of any penal ordinance of a political subdivision of this’ State, or to the treasury of the county wherein the bond was taken if the offense was a violation of any penal statute. of this State. The balance of the judgment may be en- forced. and collected in the sane mmanner as a judgment entered in a civil action. (h) After a judgment for a fine and court costs or either is eitered in the prosecution of: a cause in which. a deposit had been made in accordance with subsection (a) the balance of such deposit, after deduction of bail bond costs, shall he applied to the payment of the judg- ment.: 110—8. § 110-8. Cash, Stocks, Bond and Real Estate as Security for Bail.) (a) In lieu of the bail, deposit pro- vided for in Section 110—7 of this Code any person for whom bail has heen set may execute the bail bond with or without sureties which bond may be secured: (1) By a deposit, with the clerk of the court, of an amount equal to the required bail, of cash, or stocks and bonds in which trustees are authorized, to invest trust funds under the laws of this State; or (2) Bygyeal estate situated in this State with unen- cumbered equity not exempt | owned by the accused or sureties worth double the\amount of bail set in the bond. \N b) If. the bail bond is-secured by eash or stocks and bonds the accused or sureties shall file with the bond a sworn:schedule which shall contain: (1) A list of the stocks and bonds deposited deserib- ing each in sufficient detail that it may be identified; I a ns, LOE EMT EE BET : PELE IPS, GEL IP LEAL EM ONL SE MEG Neste POL DNS Siete yr Ou 9: fe OR \ WRAPS Ee PAE AERA eA ERE L RRA NE RNAI TGA ahi tteal awa BS 0d TRASH SGT Lk INES S SRO NR SIRS NET EELS, * Rip NRO " . * Vif. (2) The markét value of each stock and bond; (3) The total market value of the stocks and bonds listed; | (4)