People ex rel. Stephenson v. Marshall
Illinois Supreme Court
This was an application to the Supreme Court for a peremptory mandamus. The petition of William K. Stephenson, sets ■out, That by an act of the General Assembly, approved February 25th, 1847, the county of Gallatin was divided, and that the county of Saline, forming a part of it, was organized, and a county seat established at Raleigh, in said county. That the petitioner was a resident of, and voter in the county of Saline.
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This was an application to the Supreme Court for a peremptory mandamus. The petition of William K. Stephenson, sets ■out, That by an act of the General Assembly, approved February 25th, 1847, the county of Gallatin was divided, and that the county of Saline, forming a part of it, was organized, and a county seat established at Raleigh, in said county. That the petitioner was a resident of, and voter in the county of Saline. That said county of Saline has been recognized as a county, and that by law, Circuit Courts were held in Saline county, on the next Monday after they were held in Gallatin…
1Opinion of the CourtCaton, J.
The Legislature, undoubtedly, was competent to pass this law, unless the exercise of such a power is clearly inhibited by the constitution. The first section of the seventh article of the constitution, provides, that “No new county shall be formed or established by the General Assembly, which will * reduce the county or counties, or either of them, from which it shall be taken to less contents than four hundred square miles, nor shall any county be formed of less contents; nor shall any line thereof pass within less than ten miles of any county seat of the county or counties proposed to be…
2Cases cited1 opinion
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
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