Hertel v. Boismenue
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. The appellee filed in the circuit court of St. Clair county his petition for a writ of mandamus commanding the appellant, who was county superintendent of schools, to approve petitioner’s bond as township treasurer, and to deliver to petitioner a written statement of such approval and that petitioner is entitled to the care and custody, on demand, of all moneys, bonds, mortgages, notes and securities, and all books,…
1Opinion of the CourtJustice Dunn
The statute provides for the appointment of a township treasurer by the trustees of schools for a term of two years and authorizes his removal by the board for good and sufficient cause. (3 Starr & Cur. Stat. secs. 22, 23, p. 3657, and sec. 34, p. 3660.) The power of removal there given requires no formal charge, no notice to the incumbent, no form of procedure or trial, and is not subject to review. (People v. Higgins, 15 Ill. 110; Wilcox v. People, 90 id. 186; People v. Mays, 117 id. 257.) In the case first cited it is said (p. 114) : “Here the trustees were charged with the general…
2Cases cited4 opinions
- People ex rel. Akin v. MattesonIllinois Supreme Court · 1855
- People ex rel. Stevenson v. HigginsIllinois Supreme Court · 1853
- Powell v. People ex rel. HedrickIllinois Supreme Court · 1905
- People ex relatione Roberts v. RivesIllinois Supreme Court · 1862
3Cited by5 opinions
- Bryan v. Landis, Atty.-Gen'l. Ex Rel. ReeveSupreme Court of Florida · 1932
- State ex inf. Barker v. CrandallSupreme Court of Missouri · 1916
- People ex rel. Roy v. Board of SupervisorsAppellate Court of Illinois · 1928
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Trost v. TynatishonAppellate Court of Illinois · 1973