Launtz v. People ex rel. Sullivan
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District; —heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. Wm. H. Snydeb, Judge, presiding. This was a proceeding-by quo warranto, the defendant being charged with usurping and unlawfully holding the office of city treasurer of East St. Louis.
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Appeal from the Appellate Court for the Fourth District; —heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. Wm. H. Snydeb, Judge, presiding. This was a proceeding-by quo warranto, the defendant being charged with usurping and unlawfully holding the office of city treasurer of East St. Louis. The defendant justified by pleading that he had been duly appointed to the office by the city council of East St. Louis, on May 7, 1884; that his oath of office was filed May 8, 1884, and that his official bond was accepted and approved by the city council on May 21, and…
1Opinion of the CourtJustice Sheldon
Defendant’s appointment to the office is admitted by appellee’s counsel. The filing of his oath of office is averred in the plea, and not traversed by the replication. It therefore stands confessed by the pleading, so that all there is remaining to give to defendant complete title to the office of city treasurer, is the approval by the city council of his official bond.
There were eight members in the body of the city council; a quorum consisted of five members; the mayor had a casting vote in case of a tie. On the 21st and 29th of May, the council being duly convened, and all its members…
2Cited by36 opinions
- Rushville Gas Co. v. City of RushvilleIndiana Supreme Court · 1889
- Meixell v. Hellertown Borough CouncilSupreme Court of Pennsylvania · 1952
- State ex rel. Burdick v. TyrrellWisconsin Supreme Court · 1914
- Rock v. ThompsonIllinois Supreme Court · 1981
- Ray v. ArmstrongCourt of Appeals of Kentucky · 1910
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