Legal Opinion

Darst v. People

Illinois Supreme Court

Decided September 15, 1871PublishedCited by 16 opinions

Writ of Error to the Circuit Court of Woodford County; the Hon. S. L. Richmond, Judge, presiding. This was,a proceeding by attachment for contempt of court, against J. William Clark, James P. Darst, and others, in refusing to obey an injunction writ ordered by William G. Randall, master in chancery of Woodford County, Illinois, prohibiting Jefferson A. Davis, supervisor of the town of Olio, in Woodford County, Daniel It.

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Writ of Error to the Circuit Court of Woodford County; the Hon. S. L. Richmond, Judge, presiding. This was,a proceeding by attachment for contempt of court, against J. William Clark, James P. Darst, and others, in refusing to obey an injunction writ ordered by William G. Randall, master in chancery of Woodford County, Illinois, prohibiting Jefferson A. Davis, supervisor of the town of Olio, in Woodford County, Daniel It. Meek, assessor, Benjannn L. Moore, collector, and Frank M. Hoyt, clerk of said town, and their successors in office, and all other persons in said town from holding an…

1Opinion of the CourtJustice Thornton

Appellants were fined for contempt of court for refusing to obey a writ of injunction commanding them, as public officers, not to hold an election.

The case is identical, in the facts, with the case of Walton et al. v. Develing et al., 61 Ill. 201. The principles and reasoning in that case apply to this.

The writ of injunction was void, and a party can not disobey a void writ.

The judgment is reversed and the cause remanded.

Judgment reversed.

2Cases cited1 opinion

  1. Walton v. DevelingIllinois Supreme Court · 1871

3Cited by16 opinions

  1. Dickey v. ReedIllinois Supreme Court · 1875
  2. Board of Revenue v. MerrillSupreme Court of Alabama · 1915
  3. City Council of City of McAlester v. MilweeSupreme Court of Oklahoma · 1912
  4. Harris v. SchryockIllinois Supreme Court · 1876
  5. State ex rel. Flower v. Circuit Court for Green Lake CountyWisconsin Supreme Court · 1898

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