Badger v. United States Ex Rel. Bolles
Supreme Court of the United States
Error to the Circuit Court of the United States for the Northern District of Illinois. On the seventh day of January, 1875, the relators filed in the Circuit Court for the Northern District of.
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Error to the Circuit Court of the United States for the Northern District of Illinois. On the seventh day of January, 1875, the relators filed in the Circuit Court for the Northern District of. Illinois their petition for a writ of mandamus against the plaintiffs in error, alleging that, on May 7,1874, they recovered, in said court, two judgments at law against the town of Amboy, a municipal corporation under the township organization laws of the State of Illinois; that the supervisor, town-clerk, and justices of the peace of the town constituted a board of auditors, not less than three being…
1Opinion of the CourtJustice Hunt
No part of the answer in our'judgment requires consideration, except that- which raises the point of the legality of the resignation of the parties named. If they had ceased to be officers of the town when the mandamus was issued, there may be difficulty in maintaining the order awarding' a peremptory mandamus against them. If they were then- such".officers, the case presents no difficulty.. .. The alleged resignations of the supervisor and town-ciferk were accepted by the justices of the town ;■ but their successors.. had not been qualified, nor, indeed, had they- been chosen when the…
2Cases cited5 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- People Ex Rel. Williamson v. . McKinneyNew York Court of Appeals · 1873
- People on rel. Morton v. TiemanNew York Supreme Court · 1859
- United States v. BadgerU.S. Circuit Court for the Northern District of Illnois · 1875
3Cited by63 opinions
- Amy v. WatertownSupreme Court of the United States · 1889
- Jones v. City of JeffersonTexas Supreme Court · 1886
- Collazo v. United StatesCourt of Appeals for the D.C. Circuit · 1952
- State ex rel. Davis v. OsborneArizona Supreme Court · 1912
- People ex rel. Illinois Midland Railway Co. v. Supervisor of Barnett TownshipIllinois Supreme Court · 1881
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