Wood v. Blanchard
Illinois Supreme Court
ERROR TO JACKSON. This was an action of trespass vi et armis, by Blanchard' against Wood. Wood pleaded specially, that he was acting as coroner, and made the levy complained of by virtue of his office, and by virtue of an execution placed in his hands as such coroner. To this plea there was a demurrer, which was sustained in the court below, on the ground that there was no such officer as coroner known to the constitution and laws of the State of Illinois.
1Opinion of the Court
Catón, C. J.
Have we a coroner now ? This is the only question presented by this record. The old constitution created the office of coroner, the mode of whose election and whose duties were prescribed by subsequent acts of the legislature. The old constitution was superseded and practically repealed by the new, which omitted to create the office of coroner. It is not denied that the legislature, under the new constitution, has the power to create the office; but as that has not been done in express terms, it is insisted that there has been no such officer since the adoption of the new…
2Cited by3 opinions
- Johnson v. State Electoral BoardIllinois Supreme Court · 1972
- People ex rel. Freeman v. BarrIllinois Supreme Court · 1867
- People ex rel. Jacobs v. City of ChicagoAppellate Court of Illinois · 1916