Baird v. Hutchinson
Illinois Supreme Court
Appeal from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. At the election held on November 8, 1898, the appellant, the appellees and others were nominees on the official ballot for the offices of judges of the superior court of Cook county. Six of said superior court judges were to be chosen. Certificates of election were issued to each of the six appellees.
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Appeal from the County Court of Cook county; the Hon. Orrin N. Carter, Judge, presiding. At the election held on November 8, 1898, the appellant, the appellees and others were nominees on the official ballot for the offices of judges of the superior court of Cook county. Six of said superior court judges were to be chosen. Certificates of election were issued to each of the six appellees. Appellant, claiming he had been duly elected to one of such positions, exhibited in the county court of Cook county a petition against them to contest their election. A demurrer to the petition was sustained…
1Opinion of the CourtJustice Boggs
The county court was lacking" in jurisdiction to entertain the petition. Section 96 of chapter 46 of the Revised Statutes, entitled “Elections,” provides the Supreme Court shall hear and determine contests of the election of judges of the superior court of Cook county. The jurisdiction of the Supreme Court is declared by the constitution, and as to original proceedings is confined by the express command of the organic law to cases relating to the revenue, in mandamus and habeas corpus. (Const. 1870, sec. 2, art. 6.) It is not within the power of the General Assembly to confer upon the Supreme…
2Cases cited4 opinions
- Soby v. PeopleIllinois Supreme Court · 1890
- Swift v. CalnanSupreme Court of Iowa · 1897
- Canby v. HartzellIllinois Supreme Court · 1897
- Owens v. PeopleIllinois Supreme Court · 1851
3Cited by10 opinions
- Shaughnessy v. HoltIllinois Supreme Court · 1908
- Douglas v. HutchinsonIllinois Supreme Court · 1899
- Patton v. People ex rel. SweetIllinois Supreme Court · 1907
- Vinson v. County CourtWest Virginia Supreme Court · 1923
- Warren v. BrownSouth Dakota Supreme Court · 1930
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