People ex rel. Smith v. Common Council
Illinois Supreme Court
This was an application, in this court, by C. D. F. Smith, for a mandamus against the common council of the city of Aurora and the city council of the city of Elgin, to compel them and the clerks of the city courts in said cities to cause an election to be held, according to law, by the legal voters of said cities, for a judge for the city court of Aurora and city court of Elgin.
Read the full summary
This was an application, in this court, by C. D. F. Smith, for a mandamus against the common council of the city of Aurora and the city council of the city of Elgin, to compel them and the clerks of the city courts in said cities to cause an election to be held, according to law, by the legal voters of said cities, for a judge for the city court of Aurora and city court of Elgin. The respondents demurred to the relator’s petition, and thus the question was presented to the court.
1Opinion of the Court
Hr. Justice Scholfield
delivered the opinion of the Court:
Courts of common pleas having been established in the cities of Elgin and Aurora, by previous acts of the General Assembly, it was provided by an act of the General Assembly amendatory thereof, in force February 16, 1859, that one judge should be elected by the qualified electors of the two cities, for both courts. The first election ivas to be on the fourth Honday of February, 1859, and thereafter the election was to be held on the fourth Honday of February of every succeeding fourth year. The person so elected was to hold his office…
2Cited by3 opinions
- Cummings v. City of ChicagoIllinois Supreme Court · 1893
- Fidelity & Deposit Co. v. MahlenSupreme Court of Louisiana · 1927
- Bracey v. DarstDistrict Court, N.D. West Virginia · 1914