People ex rel. Cummings v. Head
Illinois Supreme Court
The relator in his petition recites, that on the thirteenth day of November, 1860, he received from the clerk of the County Court of McDonough county, a certificate of his election to the office of clerk of the Circuit Court for said county, (setting it out verbatim) ; that he subsequently, on the first day of December following, received his commission from the governor, (setting it out) ; that he afterwards took the oath of office, gave bonds, etc., and filed the same as…
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The relator in his petition recites, that on the thirteenth day of November, 1860, he received from the clerk of the County Court of McDonough county, a certificate of his election to the office of clerk of the Circuit Court for said county, (setting it out verbatim) ; that he subsequently, on the first day of December following, received his commission from the governor, (setting it out) ; that he afterwards took the oath of office, gave bonds, etc., and filed the same as bylaw required. That he afterwards made and filed his bond with the clerk of the County Court, in the sum of five…
1Opinion of the CourtCaton, C. J.
Two questions are presented by this record. The first is, was the relator entitled to enjoy the office of circuit clerk during the pendency of the contest of the election ? And second, if so, had he any other clear and adequate remedy ?
The tribunal appointed by law to canvass the votes given at that election, found that the relator received the greatest number of votes, and declared him duly elected to the office, and gave him a certificate of election, whereupon he took the oath of office, and demanded of the defendant, who was the old clerk, and who had been a candidate against him at this…
2Cases cited1 opinion
- People ex rel. Brewster v. KilduffIllinois Supreme Court · 1854
3Cited by59 opinions
- McDunn v. WilliamsIllinois Supreme Court · 1993
- People ex rel. Fuller v. HilliardIllinois Supreme Court · 1862
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Moulton v. ReidSupreme Court of Alabama · 1875
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