McKinnon v. People ex rel. Malzacher
Illinois Supreme Court
Appeal from the County Court of Du Page county; the Hon. Elbert H. Gary, Judge, presiding. • This was a proceeding to contest an election for the office of town clerk of the town of South Chicago, commenced in the county court of Cook county, and taken thence, by change of venue, to the county court of Du Page county.
Read the full summary
Appeal from the County Court of Du Page county; the Hon. Elbert H. Gary, Judge, presiding. • This was a proceeding to contest an election for the office of town clerk of the town of South Chicago, commenced in the county court of Cook county, and taken thence, by change of venue, to the county court of Du Page county. That court found that the contestant, Henry Malzacher, was duly elected to the office, and decreed accordingly, and this appeal is prosecuted to reverse that decree. .
1Opinion of the CourtJustice Scholfield
Proceedings of this kind are to be tried in like manner, and like evidence is admissible and like principles must control, as in the trial of causes in chancery. (Rev. Stat. 1874, chap. 46, secs. 113-116; Talkington v. Turner, 71 Ill. 234; Dale v. Irwin, 78 id. 170; Kingery v. Berry, 94 id. 515.) Where the question is for what or for whom a ballot should be counted, the intention of the voter should, if possible, be ascertained, and when ascertained it must control. (People ex rel. v. Matteson et al. 17 Ill. 167.) When there is a mistake or imperfection in the ballots, extraneous evidence is…
2Cases cited6 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- City of Beardstown v. City of VirginiaIllinois Supreme Court · 1875
- Clark v. RobinsonIllinois Supreme Court · 1878
- Attorney-General ex rel. Carpenter v. ElyWisconsin Supreme Court · 1856
- People ex rel. Akin v. MattesonIllinois Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kreitz v. BehrensmeyerIllinois Supreme Court · 1888
- Parker v. OrrIllinois Supreme Court · 1895
- Scribner v. SachsIllinois Supreme Court · 1960
- Conway v. SextonIllinois Supreme Court · 1909
- Allerton v. HopkinsIllinois Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.