People ex rel. German Insurance v. Williams
Illinois Supreme Court
This is an original proceeding for mandamus to compel the respondent, Thomas C. Williams, to accept, assume and take upon himself and execute the office of town clerk of the town of Mount Morris, in the county of Ogle, in this State, to take and subscribe the oath of office, and to file bond, as required by law.
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This is an original proceeding for mandamus to compel the respondent, Thomas C. Williams, to accept, assume and take upon himself and execute the office of town clerk of the town of Mount Morris, in the county of Ogle, in this State, to take and subscribe the oath of office, and to file bond, as required by law. The petition shows, that on the 31st day of March, 1891, the board of town auditors of the town of Mount Morris, in said county, acting under a peremptory writ of mandamus issued from this court, audited and allowed to the relator, in this preceding, the sum of $45,050.00, as…
1Opinion of the CourtJustice Shope
The principal question presented is, whether mandamus will lie to compel acceptance of a municipal office °by one who, possessing the requisite qualifications, has been duly elected or appointed to the same.
It is stated by text writers, that no case has arisen in this country involving this precise question (Merrill on Mandamus, sec. 145; Dillon on Mun. Cor., sec. 162), and in the researches of counsel, and our own examination, nonehave been found. There are, however, a number of cases where analogous questions, involving the same principle, have been elaborately discussed and determined in…
2Cases cited4 opinions
- Edwards v. United StatesSupreme Court of the United States · 1881
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
- People ex rel. Illinois Midland Railway Co. v. Supervisor of Barnett TownshipIllinois Supreme Court · 1881
- London v. . HeadenSupreme Court of North Carolina · 1877
3Cited by19 opinions
- People ex rel. Breckon v. Board of Election CommissionersIllinois Supreme Court · 1906
- People ex rel. Hoyne v. McCormickIllinois Supreme Court · 1913
- In Re Information to Discipline Certain Attorneys of SanitaryIllinois Supreme Court · 1932
- Hoy v. State, ex rel. BuchananIndiana Supreme Court · 1907
- Nagle v. WakeyIllinois Supreme Court · 1896
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