People ex rel. Herndon v. Opel
Illinois Supreme Court
Original petition for mandamus. This is an original petition for mandamus, filed in this court on October 5, 1900, by the People through the Attorney General upon the relation of William P. Herndon and Fred W. Long, citizens and residents of Sangamon county, praying- that the writ may be issued directed to Charles E. Opel, county clerk of Sangamon county, commanding him forthwith to issue an order appointing a day for the election of a clerk of the probate court of Sangamon…
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Original petition for mandamus. This is an original petition for mandamus, filed in this court on October 5, 1900, by the People through the Attorney General upon the relation of William P. Herndon and Fred W. Long, citizens and residents of Sangamon county, praying- that the writ may be issued directed to Charles E. Opel, county clerk of Sangamon county, commanding him forthwith to issue an order appointing a day for the election of a clerk of the probate court of Sangamon county, and cause notice thereof to be given as in other cases of election, as provided in section 133 of chapter 46,…
1Opinion of the CourtJustice Magruder
No probate court has existed in Sangamon county prior to the filing of the present petition for a writ of mandamus separately and independently of the county court, which has jurisdiction in probate matters. Since, however, the recent census of the United States shows the population of that county to be in excess of 70,000, it is claimed that thereby a probate court has been established in that county. The contention of the relators seems to be that, as soon as the population of a county is ascertained by the next preceding Federal census to be in excess of 70,000, the offices of probate…
2Cited by6 opinions
- State v. DixonLouisiana Court of Appeal · 1941
- Yates v. McDonaldCourt of Appeals of Kentucky · 1906
- State ex rel. Cook v. BirdsallSupreme Court of Iowa · 1918
- Mendelson v. MillerCuyahoga County Common Pleas Court · 1911
- Mourne v. TodyAppellate Court of Illinois · 1952
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