North v. Board of Trustees of the University
Illinois Supreme Court
This was a proceeding hy mandamus, instituted in this court-The facts of the case appear in the opinion of the court. This is an original mandamus proceeding, the case being-submitted on a demurrer to the answer, which respondents-insist should be carried-back and sustained to the petition.
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This was a proceeding hy mandamus, instituted in this court-The facts of the case appear in the opinion of the court. This is an original mandamus proceeding, the case being-submitted on a demurrer to the answer, which respondents-insist should be carried-back and sustained to the petition. It is averred in the petition that petitioner became a student in the respondents’ university in September, 1879, and was-wrongfully expelled therefrom in April, 1885, but for which expulsion he would have received the degree of Bachelor of Science in June of that year; that among the rules of said…
1Opinion of the CourtJustice Wilkin
A peremptory writ of mandamus is here sought on the petition of a private individual. No public rights are involved. The petition must therefore clearly show that petitioner has a personal interest in the thing he seeks to compel the respondents to do. He must clearly show that he has been injured in his personal interest by the refusal of the defendants to do a duty imposed upon them by law. The People ex rel. v. Masonic Benevolent Ass. 98 Ill. 637; High on Extraordinary Remedies, sec. 431.
Mandamus will not lie, on the petition of a private citizen, merely to settle some doubtful question,…
2Cases cited7 opinions
- State ex rel. Weiss v. District Board of School District No. EightWisconsin Supreme Court · 1890
- McCormick v. BurtIllinois Supreme Court · 1880
- Brokaw v. Commissioners of HighwaysIllinois Supreme Court · 1889
- Gormley v. DayIllinois Supreme Court · 1885
- People ex rel. Hillard v. DavisIllinois Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Goldberg v. REGENTS OF THE UNIVERSITY OF CALIF.California Court of Appeal · 1967
- Kenneally v. City of ChicagoIllinois Supreme Court · 1906
- People ex rel. Ring v. Board of Education of District 24Illinois Supreme Court · 1910
- People ex rel. Stettauer v. OlsenIllinois Supreme Court · 1905
- State ex rel. Sullivan v. SchnitgerWyoming Supreme Court · 1908
25 more not listed; retrieve them via the Exa API.