Smith v. People ex rel. Frisbie
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. E. S. Belaud, Judge, presiding. This was an information in the nature of a quo warranto, by James A. McKenzie, State’s attorney for the tenth judicial circuit, on the relation of David H. Frisbie, of Knox county, against Arthur A. Smith, judge of said tenth judicial circuit. The first count of the information charges that on the 19th day of February, 1867, Arthur A..
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Appeal from the Circuit Court of Bureau county; the Hon. E. S. Belaud, Judge, presiding. This was an information in the nature of a quo warranto, by James A. McKenzie, State’s attorney for the tenth judicial circuit, on the relation of David H. Frisbie, of Knox county, against Arthur A. Smith, judge of said tenth judicial circuit. The first count of the information charges that on the 19th day of February, 1867, Arthur A.. Smith, at the county of Knox, unlawfully usurped the office of judge of the tenth judicial circuit, and did then and there enter upon and exercise the duties and powers of…
1Opinion of the CourtChief Justice Walker
This was an information in the nature of a quo warramto exhibited against appellant, charging that he had usurped the office of judge of the tenth judicial circuit. The only question presented, and which we are called upon to determine, is, whether, under the eleventh section of article five of our Constitution, he was eligible to the place. That section requires, as a qualification for that office, that the person shall have been a resident of the State for at least five years next preceding his election or appointment.
It appears from the evidence, that appellant went to Tennessee with his…
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