Hinze v. People ex rel. Halbert
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. George W. Wall, Judge, presiding. On the 29th day of July, 1878, J. B. Bowman, mayor of the city of East St. Louis, presented a petition to Hon. W. H. Snyder, one of the judges of the third judicial circuit, for leave to file an information in the nature of a quo warranto against Michael Murphy and Frederick Hinze, claiming to act as police commissioners for the city of East St. Louis—and, by consent of the…
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Appeal from the Circuit Court of St. Clair county; the Hon. George W. Wall, Judge, presiding. On the 29th day of July, 1878, J. B. Bowman, mayor of the city of East St. Louis, presented a petition to Hon. W. H. Snyder, one of the judges of the third judicial circuit, for leave to file an information in the nature of a quo warranto against Michael Murphy and Frederick Hinze, claiming to act as police commissioners for the city of East St. Louis—and, by consent of the defendants, such leave was granted. An information was accordingly filed on the 9th of August, 1879, in the office of the clerk…
1Opinion of the CourtJustice Scholfield
Before proceeding to the real point in controversy here, it is necessary to pass upon certain preliminary objections that have been urged against the jurisdiction of the circuit court.
It is contended that court had no jurisdiction because the existence of the office, and not the right simply to hold the office, is questioned.
The statute (Rev. Stat. 1874, p. 787, § 1,) provides that the writ shall lie, as well where any person unlawfully holds or executes any office or franchise, as where any person shall usurp or intrude into any office or franchise. If the law by which it is claimed the…
2Cases cited7 opinions
- People ex rel. McCagg v. Mayor of ChicagoIllinois Supreme Court · 1869
- People ex rel. Miller v. CooperIllinois Supreme Court · 1876
- Truitt v. PeopleIllinois Supreme Court · 1878
- Lovingston v. WiderIllinois Supreme Court · 1870
- People ex rel. Wider v. CantyIllinois Supreme Court · 1870
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3Cited by18 opinions
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- Vallelly v. Board of Park CommissionersNorth Dakota Supreme Court · 1907
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- Cornell v. People ex rel. WalshIllinois Supreme Court · 1883
- Black v. TrowerSupreme Court of Virginia · 1884
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