Legal Opinion

People ex rel. Ahern v. Bollam

Illinois Supreme Court

Decided October 19, 1899PublishedCited by 12 opinions

Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This is a proceeding by information in the nature of quo warranto in the name of the People of the State, filed in the circuit court of Cook county on September 16,1898, by the State’s attorney of that county, charging that the defendant, James A. Bollam, for a space of over one month then last past and more during the year 1898, unlawfully held and still does hold and execute without any…

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Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This is a proceeding by information in the nature of quo warranto in the name of the People of the State, filed in the circuit court of Cook county on September 16,1898, by the State’s attorney of that county, charging that the defendant, James A. Bollam, for a space of over one month then last past and more during the year 1898, unlawfully held and still does hold and execute without any warrant or right whatsoever, the office of constable in and for the township of Bloom in the village of Columbia…

1Opinion of the CourtJustice Magruder

The only question involved in this case is, whether sections 11 and 12 of article 11 of part 1 of the City and Village act are constitutional or not. Those sections, so far as they relate to the office of constable, are as follows:

“Sec. 11. The president and board of trustees may appoint * * * a village constable and such other officers as may be necessary to carry into effect the powers conferred upon villages, to prescribe their duties and fees, and require such officers to execute bonds as may be prescribed by ordinance.
“Sec. 12. The village constable shall have the same powers to make…

2Cases cited3 opinions

  1. Thomas v. OwensCourt of Appeals of Maryland · 1853
  2. People ex rel. Akin v. LoefflerIllinois Supreme Court · 1898
  3. Barker v. PeopleNew York Supreme Court · 1824

3Cited by12 opinions

  1. Ex parte CorlissNorth Dakota Supreme Court · 1907
  2. State Ex Rel. Harvey v. Second Judicial District CourtNevada Supreme Court · 2001
  3. King v. Board of Regents of the University of NevadaNevada Supreme Court · 1948
  4. State ex rel. Josephs v. DouglassNevada Supreme Court · 1910
  5. State v. MalcomIdaho Supreme Court · 1924

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