Marshall v. Board of Managers Illinois State Reformatory
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Livingston county; the Hon. JohnH. Moffett, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Livingston county; the Hon. JohnH. Moffett, Judge, presiding. This is a bill in equity filed by the appellant in the Livingston count}*' circuit court to restrain the appellees, the board of managers of the Illinois State Reformatory and the general superintendent of the reformatory and ex officio secretary of said board, from removing him from the office of physician of said reformatory. An answer and replication having been filed, the court, on the motion of the appellees,…
1Opinion of the CourtJustice Hand
We think it clear that the trial court did not err in dissolving the temporary injunction and dismissing the bill for want of equity, as it is well settled that the title to a public office and the right to exercise its functions cannot be determined by a court of chancery unless express authority so to do is conferred upon the court by statute, the remedy being in a court of law. (Delahanty v. Warner, 75 Ill. 185; Sheridan v. Colvin, 78 id. 237; Fletcher v. Tuttle, 151 id. 41; Heffran v. Hutchins, 160 id. 550; Ex parte Sawyer, 124 U. S. 200; White v. Berry, 171 id. 366.) In Delahanty v.…
2Cases cited3 opinions
- In Re SawyerSupreme Court of the United States · 1888
- People ex rel. Bradley v. Illinois State ReformatoryIllinois Supreme Court · 1894
- Delahanty v. WarnerIllinois Supreme Court · 1874
3Cited by10 opinions
- People Ex Rel. Barrett v. FinneganIllinois Supreme Court · 1941
- Daly v. County of MadisonIllinois Supreme Court · 1941
- Hoffman v. WilkinsAppellate Court of Illinois · 1971
- People ex rel. Malley v. BarrettIllinois Supreme Court · 1903
- State Ex Rel. Coffin v. Superior CourtIndiana Supreme Court · 1925
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