Board of Supervisors v. Keady
Illinois Supreme Court
Appeal from the Circuit Court of Iroquois county; Hon. Charles R. Starr, Judge, presiding. • This was a bill in chancery by the appellees against the appellants to enjoin them, as supervisors of Iroquois county, from taking further measures for the removal of the county seat. On the 11th February, 1863, the legislature passed an act, “to enable the people of Iroquois county to vote for the removal of the county seat.”
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Appeal from the Circuit Court of Iroquois county; Hon. Charles R. Starr, Judge, presiding. • This was a bill in chancery by the appellees against the appellants to enjoin them, as supervisors of Iroquois county, from taking further measures for the removal of the county seat. On the 11th February, 1863, the legislature passed an act, “to enable the people of Iroquois county to vote for the removal of the county seat.” The first section of the act is as follows: “That, on Tuesday, 17th day of March, a. n. 1863, an election will be held in the county of Iroquois, in the State of Illinois, at…
1Opinion of the CourtJustice Beckwith
The fifth section of article seven of the constitution provides “ that no county seat shall be removed until the point to which it is proposed to be removed shall be fixed by law, and a majority of the voters of the county shall have voted in favor of its removal to such point.”
This provision of the constitution contemplates the passage of a law authorizing an election to be held, and prescribing the time when, and the place where it shall take place; the manner in which it shall be conducted and its results made known. Without such a law there would be no time for holding it, no places for…
2Cases cited4 opinions
- Roosevelt v. . DraperNew York Court of Appeals · 1861
- Davis & Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- People ex rel. Mitchell v. WarfieldIllinois Supreme Court · 1858
- Wheeler v. ChubbuckIllinois Supreme Court · 1855
3Cited by18 opinions
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- Scales v. MarshallTexas Supreme Court · 1902
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
- State Board of Election Commissioners v. ColemanCourt of Appeals of Kentucky (pre-1976) · 1930
- Humphrey v. ThompsonSupreme Court of Arkansas · 1954
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