Blanck v. Pausch
Illinois Supreme Court
Appeal from the County Court of St. Clair county; the Hon. William J. Underwood, Judge, presiding. This was a proceeding commenced in the county court of St. Clair county, by Edward Pausch, the appellee, to contest the election of Henry Blanck, the appellant, to the office of town clerk of the town of Lebanon, in said county.
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Appeal from the County Court of St. Clair county; the Hon. William J. Underwood, Judge, presiding. This was a proceeding commenced in the county court of St. Clair county, by Edward Pausch, the appellee, to contest the election of Henry Blanck, the appellant, to the office of town clerk of the town of Lebanon, in said county. The court overruled a general demurrer to the petition, and the defendant declining to answer further, the petitioner was thereupon adjudged to be duly elected to said office, and entitled to the possession thereof, and an order to that effect was duly entered in the…
1Opinion of the CourtJustice Mulkey
By the 112th section of chapter 46, of the Revised Statutes of 1874, the right to contest an election of this kind is confined exclusively to electors of the town. In order to show title in himself, the petitioner should therefore have averred in the petition that he was an elector of the town of Lebanon. Whether he has done this or not, presents the only question of importance for determination. That the petition contains no express averment to that effect is manifest. But it is contended on behalf of the petitioner that the averment in the petition that the contestant was “a citizen and…
2Cases cited1 opinion
- Minor v. HappersettSupreme Court of the United States · 1875
3Cited by13 opinions
- Gill v. . CommissionersSupreme Court of North Carolina · 1912
- Harding v. AlbertIllinois Supreme Court · 1939
- Dorsey v. BrighamIllinois Supreme Court · 1898
- Gillespie v. DionMontana Supreme Court · 1896
- Gill v. Board of CommissionersSupreme Court of North Carolina · 1912
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