People v. City Council of the City
Appellate Court of Illinois
Mandamus.—Error to the Circuit Court of Cook County; the Hon. CHAitLES G-. Neely, Juclge presiding. Heard in the Branch Appellate Court at the March term, 1903. This is an appeal from a judgment of the Circuit Court refusing to issue a peremptory writ of mandamus. At a regular meeting of the city council of the city of Chicago held on the seventh day of January, A. D. 1901, an ordinance was passed redistricting the city of Chicago into thirty-five wards.
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Mandamus.—Error to the Circuit Court of Cook County; the Hon. CHAitLES G-. Neely, Juclge presiding. Heard in the Branch Appellate Court at the March term, 1903. This is an appeal from a judgment of the Circuit Court refusing to issue a peremptory writ of mandamus. At a regular meeting of the city council of the city of Chicago held on the seventh day of January, A. D. 1901, an ordinance was passed redistricting the city of Chicago into thirty-five wards. This redistricting was made necessary by reason of the annexation' to the city of Chicago of part of the town of Cicero, the number of…
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the court.
At the time the petition for a writ of mandamus was filed, there was in the common council of the city of Chicago no vacancy. Seventy aldermen, the entire number permitted by law, had been duly and regularly elected and were acting as members of the council. The object of the petition was to create vacancies; to compel action by which two members of the council were to be removed therefrom; the petitioners assuming that if this were done, they would be entitled and allowed to take the place of those members who, as a result of…
2Cases cited14 opinions
- People ex rel. McCagg v. Mayor of ChicagoIllinois Supreme Court · 1869
- People ex rel. Harless v. HatchIllinois Supreme Court · 1863
- People v. KetchumIllinois Supreme Court · 1874
- Ohio & Mississippi Railway Co. v. People ex rel. Attorney GeneralIllinois Supreme Court · 1887
- People ex rel. Richberg v. Trustees of SchoolsIllinois Supreme Court · 1877
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3Cited by1 opinion
- Village of Upper Alton v. Alton Gas & Electric Co.Appellate Court of Illinois · 1911