People ex rel. Mitchell v. Warfield
Illinois Supreme Court
The People, on the relation of John W. Mitchell, present a a petition for a mandamus against Richard N. Warfield, county-clerk of Saline county, to compel him to issue a marriage license authorizing the marriage of the relator and Mollie J. Provine.
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The People, on the relation of John W. Mitchell, present a a petition for a mandamus against Richard N. Warfield, county-clerk of Saline county, to compel him to issue a marriage license authorizing the marriage of the relator and Mollie J. Provine. The petition states that the relator is a free white male citizen of the county of Saline, over twenty-one years of age; that Richard N. Warfield is the county clerk of Saline county, and that it is a part of his official duty to give marriage licenses to persons entitled thereto under the statute of this State; that on 12th March, 1858, the said…
1Opinion of the CourtWalker, J.
The law for the election for the relocation of the county seat of Saline county, under which this election was held, was not as broad as the requirements of the constitution authorizing a relocation of county seats. That provision requires that a majority of the voters of the county shall vote for the change. This law only requires the clerk to canvass the votes cast on the question of relocation, and certify the result, without regard to other votes cast at the same election. Beyond this, in that certificate, he is not authorized to go. Therefore, under that law, he can give no certificate…
2Cited by23 opinions
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