Board of Supervisors v. Burchell
Illinois Supreme Court
Weit of Error to the Circuit Court of Whiteside county ; the Hon. JohN V. Eustace, Judge, presiding. This was a bill in chancery exhibited in the Circuit Court, on the second day of May, 1860, by Robert C. Bnrchell, State’s attorney of the twenty-second judicial circuit, and Peter Bressler, against the Board of Supervisors of Whiteside county.
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Weit of Error to the Circuit Court of Whiteside county ; the Hon. JohN V. Eustace, Judge, presiding. This was a bill in chancery exhibited in the Circuit Court, on the second day of May, 1860, by Robert C. Bnrchell, State’s attorney of the twenty-second judicial circuit, and Peter Bressler, against the Board of Supervisors of Whiteside county. The decree in the court below was rendered in favor of the complainants, upon a demurrer to the bill, the objects and scope of which are sufficiently set forth in the opinion of the court. The Board of Supervisors bring the cause to this court upon writ…
1Opinion of the CourtJustice Breese
The questions upon this record arise on a demurrer to a bill in chancery, predicated on an alleged improper joinder of complainants, and upon the merits of the bill itself.
It is insisted by the plaintiffs in error, that the State’s attorney has no interest in common with his co-complainant, Bressler, in the subject-matter of the bill itself, nor has he any authority to institute such suit, in virtue of his official position. It is further urged, that the rights and interests of the complainants, as disclosed by the bill, rest upon dissimilar foun dations, that the relief sought by the one,…
2Cases cited1 opinion
- Cooper v. RobertsSupreme Court of the United States · 1856
3Cited by17 opinions
- Wright v. RoseberrySupreme Court of the United States · 1887
- State v. Portsmouth Savings BankIndiana Supreme Court · 1886
- Barrett v. BrooksSupreme Court of Iowa · 1866
- Newell v. Board of SupervisorsIllinois Supreme Court · 1865
- People Ex Rel. Courtney v. AshtonIllinois Supreme Court · 1934
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