Legal Opinion

Delahanty v. Warner

Illinois Supreme Court

Decided September 15, 1874PublishedCited by 35 opinions

Appeal from the Circuit Court of Peoria county; the Hon. Joseph W. Cochran, Judge, presiding.

1Opinion of the CourtJustice Scholfield

Appellant was superintendent of streets in the city of Peoria, and he alleges, by his bill, that he was unlawfully removed from his office, and prays that the aldermen and mayor of the city may be enjoined from appointing a successor, and from interfering with him in any way in the discharge of his duties as-street commissioner.

The court below dissolved the temporary injunction which -had been issued) and dismissed the bill for want of equity.

In this we perceive no error. Appellant’s remedy was complete at law. High on Injunctions, sec.781. If he was not properly removed, and a successor…

2Cases cited2 opinions

  1. People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
  2. Albright v. SmithIllinois Supreme Court · 1873

3Cited by35 opinions

  1. Sheridan v. ColvinIllinois Supreme Court · 1875
  2. People Ex Rel. Barrett v. FinneganIllinois Supreme Court · 1941
  3. Landes v. WallsIndiana Supreme Court · 1903
  4. Morgan v. NunnU.S. Circuit Court for the District of Middle Tennessee · 1898
  5. Muhler v. HedekinIndiana Supreme Court · 1889

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