People Ex Rel. McLaren v. DeBoice

We allowed the motion for leave to file a mandamus petition in this case. The respondent, Benjamin S. DeBoice, acting judge of the county court of Sangamon county, Illinois, moved to dismiss, and his motion is treated as a demurrer.

By the decision of this court in Barlick v. Kuns, 375 Ill. 318, it was held that the two candidates for the office of highway commissioner of the township of Springfield received 1580 votes each. The case was remanded with directions to the trial court to require the two parties to decide by lot, conformably to the directions of the court, which of them should be…