Legal Opinion

Kelly v. Gahn

Illinois Supreme Court

Decided November 17, 1884PublishedCited by 2 opinions

Appeal from the Superior Court of Cook county; the Hon. Henby M. Shephabd, Judge, presiding. This was a petition for a mandamus, which sets out the charter and amendment thereto of the town of Lake, in Cook county, and the provisions therein requiring the annual election for town officers to be held on the second Tuesday of April.

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Appeal from the Superior Court of Cook county; the Hon. Henby M. Shephabd, Judge, presiding. This was a petition for a mandamus, which sets out the charter and amendment thereto of the town of Lake, in Cook county, and the provisions therein requiring the annual election for town officers to be held on the second Tuesday of April. The petition alleges that no election was held on said day, in 1884, whereby a vacancy was occasioned; that the appellees are acting as the board of trustees and town clerk of said town; that a demand was made on them that they call an election, but that they have…

1Opinion of the CourtJustice Craig

The principal question presented by this record is, whether the election held in the town of Lake on the first Tuesday of April, 1884, for supervisor, assessor, collector, town clerk and trustee, was held on the day provided by law.

Cook county adopted township organization prior to 1867, and is still under that system. The town of Lake is one of the townships of the county. In 1867 the legislature passed an act incorporating the inhabitants of the town of Lake into a body politic and corporate, under the name of the “Town of Lake.” The boundaries of the town, as fixed by the act, were…

2Cited by2 opinions

  1. People ex rel. Deneen v. Town of ThorntonIllinois Supreme Court · 1900
  2. Simpson v. TeftlerSupreme Court of Arkansas · 1928

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