Bolton v. People
Appellate Court of Illinois
Mandamus, to compel the signing of a certificate of election. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tut-hill, Judge, presiding.
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Mandamus, to compel the signing of a certificate of election. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tut-hill, Judge, presiding. Heard in this court at the October term, 1900. Statement. — George T. Stebbings filed his petition in-the Circuit Court, by which he prayed for a writ of mandamus to compel appellant, as president of the village board of the Village of Park Ridge, in Cook County, Illinois, to sign a certificate of the relator’s election as treasurer of said village. The petition alleges, in substance, that relator was duly appointed and elected as such…
1Opinion of the CourtJustice Sears
The only question presented upon this appeal is as to the sufficiency of the petition upon general demurrer. Mandamus is a common law action, and the pleadings are governed by common law rules. The petitioner is bound, like a plaintiff in an ordinary action at law, to state a case prima facie good. And in order to make a case which is prima facie good, the petition, which in our practice takes the place of the alternative writ, must show a clear right to have the thing done which is sought, and by the person or body sought to be coerced. People v. Hatch, 33 Ill. 9; People v. Mayor, 51 Ill.…
2Cases cited12 opinions
- People ex rel. McCagg v. Mayor of ChicagoIllinois Supreme Court · 1869
- People ex rel. Harless v. HatchIllinois Supreme Court · 1863
- People ex rel. Green v. Board of CommissionersIllinois Supreme Court · 1898
- Hall v. People ex rel. RogersIllinois Supreme Court · 1870
- People ex rel. Hurd v. JohnsonIllinois Supreme Court · 1881
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3Cited by1 opinion
- McDonald v. JudsonAppellate Court of Illinois · 1901