Houston v. People ex rel. Peoria & Rock Island Railway Co.
Illinois Supreme Court
Appeal from the Circuit Court of Woodford county. This was an application made to the circuit court of Peoria comity, in the name of the people, on the relation of The Peoria and Rock Island Railway Co. for a writ of mandamus, against Henry C. Houston, town clerk of the town of Akron, in Peoria county, to compel such clerk to countersign certain bonds of the township, which had been executed by the town supervisor, and to which the relators claimed they were entitled.
Read the full summary
Appeal from the Circuit Court of Woodford county. This was an application made to the circuit court of Peoria comity, in the name of the people, on the relation of The Peoria and Rock Island Railway Co. for a writ of mandamus, against Henry C. Houston, town clerk of the town of Akron, in Peoria county, to compel such clerk to countersign certain bonds of the township, which had been executed by the town supervisor, and to which the relators claimed they were entitled. The proceeding was removed, on change of venue, into the circuit court of Woodford county. The alternative writ set out that…
1Opinion of the CourtJustice McAllister
The appellant being town clerk, the act of countersigning the bonds in question was a mere ministerial act. It was not the province of such clerk to determine whether the proper steps had been taken to authorize the issuance of the bonds. If valid reasons existed why they should not be issued, the law provides a mode in which that question could be properly determined. The People v. Dean, 3 Wend. 438. The judgment of the court below must be affirmed.
Judgment affirmed.
Mr. Justice Scott took no part in the decision of this case.
2Cases cited1 opinion
- People ex rel. Dobbs v. DeanNew York Supreme Court · 1830
3Cited by4 opinions
- McGann v. People ex rel. CoffeenIllinois Supreme Court · 1902
- Chalk v. WhiteWashington Supreme Court · 1892
- McGann v. PeopleAppellate Court of Illinois · 1901
- People ex rel. Peoria & Rock Island R. R. v. ClineIllinois Supreme Court · 1872