Eggers v. Fox
Illinois Supreme Court
Appeal from the County Court of Fulton county; the Hon. S. H. Armstrong, Judge, presiding. This was a petition brought by Elijah M. Eggers in the county court of Fulton county, against I. C. Fox, to contest his election to the office of town clerk of Young Hickory township at the annual town election held April 5, 1898. It is alleged in the petition that appellant was an elector in the town of Young' Hickory on April 5,1898; that an election was held on that day in said town…
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Appeal from the County Court of Fulton county; the Hon. S. H. Armstrong, Judge, presiding. This was a petition brought by Elijah M. Eggers in the county court of Fulton county, against I. C. Fox, to contest his election to the office of town clerk of Young Hickory township at the annual town election held April 5, 1898. It is alleged in the petition that appellant was an elector in the town of Young' Hickory on April 5,1898; that an election was held on that day in said town for town clerk and other town officers; that .the polls were opened according to law; that ballots were received at…
1Opinion of the CourtJustice Craig
On the hearing in the county court what purported to be the ballots cast at the election, the poll-books, tally list and the certificate of the judges of election were read in evidence. The certificate of the judges of election showed that E. M. Eggers received 126 votes and I. C. Fox 128 votes for town clerk, and that said Fox was declared elected. The tally list showed 126 votes cast for Eggers and 128 for Fox.
The poll-book showed J. M. C. Collard as voter No. 48 on the list of voters. Collard was called as a witness and testified: “I voted at the election held in Young Hickory township,…
2Cases cited3 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- State ex rel. Hopkins v. OlinWisconsin Supreme Court · 1868
- Kingery v. BerryIllinois Supreme Court · 1880
3Cited by8 opinions
- In Re BermanCalifornia Court of Appeal · 1930
- Stevenson v. BakerIllinois Supreme Court · 1932
- Sorenson v. SorensonIllinois Supreme Court · 1901
- Thornhill v. WearSupreme Court of Louisiana · 1912
- Graham v. PetersIllinois Supreme Court · 1910
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