Legal Opinion

Kreitz v. Behrensmeyer

Illinois Supreme Court

Decided May 9, 1888PublishedCited by 76 opinions

Appeal from the County Court of Adams county; the Hon. B. F. Berrian, Judge, presiding. Charles F. A. Behrensmeyer filed his .petition in the county court of Adams county, on the 26th of November, 1886, to contest the election for the office of county treasurer of that county, to which John B. Kreitz had been declared elected by the canvassing board.

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Appeal from the County Court of Adams county; the Hon. B. F. Berrian, Judge, presiding. Charles F. A. Behrensmeyer filed his .petition in the county court of Adams county, on the 26th of November, 1886, to contest the election for the office of county treasurer of that county, to which John B. Kreitz had been declared elected by the canvassing board. It is alleged in the petition, that the petitioner had been, and on that day was, and from thence hitherto has been, and he still is, an elector of Adams county, Illinois; that he was an elector of said county at the date of the election next…

1Opinion of the CourtJustice Scholfield

Before proceeding to the merits of the case, we must pass upon a question of jurisdiction and some questions of pleading and practice.

First—It is objected that the county court had no jurisdiction in the case, because the summons was returnable to a probate term instead of to a law term.

It is provided by section 5 of the “County Court act,” (Rev. Stat. 1874, chap. 37, p. 339,) that “county courts shall have jurisdiction in all matters of probate; settlement of estates of deceased persons; appointment of guardians and conservators, and settlement of their accounts; all matters relating to…

2Cases cited9 opinions

  1. Dale v. IrwinIllinois Supreme Court · 1875
  2. Kelly v. OwenSupreme Court of the United States · 1869
  3. Attorney-General ex rel. Carpenter v. ElyWisconsin Supreme Court · 1856
  4. People ex rel. Akin v. MattesonIllinois Supreme Court · 1855
  5. Moore v. MayfieldIllinois Supreme Court · 1868

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3Cited by76 opinions

  1. Duncan v. WillisTexas Supreme Court · 1957
  2. Behrensmeyer v. KreitzIllinois Supreme Court · 1891
  3. In Re Contest of the Election for the Offices of GovernorIllinois Supreme Court · 1983
  4. People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
  5. O'Boyle v. Personnel Board, City of ChicagoAppellate Court of Illinois · 1983

71 more not listed; retrieve them via the Exa API.

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