Heffran v. Hutchins
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Winnebago county; the Hon. John D. Crab-tree, Judge, presiding. Appellant was chief of the fire department of the city of Rockford, having been appointed in the spring of 1891, and was the incumbent of that office in 1893, when the appellee was selected mayor of that city.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Winnebago county; the Hon. John D. Crab-tree, Judge, presiding. Appellant was chief of the fire department of the city of Rockford, having been appointed in the spring of 1891, and was the incumbent of that office in 1893, when the appellee was selected mayor of that city. The office of fire marshal, the chief of the fire department, is one to which the mayor appoints with the consent of the' city council. After appellee became mayor, in 1893, appellant desired to be re-appointed,…
1Opinion of the CourtJustice Phillips
Two questions are presented on this record. The first is as to the right of the mayor of the city to remove an officer appointed and confirmed, etc.; and the second is as to the jurisdiction of the court of chancery to enjoin the mayor from so removing such officer.
By section 7, article 2, chapter 24, of the Revised Statutes, it is declared : “The mayor shall have power to remove any officer appointed by him, on any formal charge, whenever he shall be of the opinion that the interests of the city demand such removal, but he shall report the reasons for such removal to the council at a meeting…
2Cases cited2 opinions
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