People v. Bangs
Illinois Supreme Court
This was an information in the nature of a quo warranto, filed in the Marshall Circuit Court, May term, 1859, by the state’s attorney, on the relation of Martin Ballou, against Mark Bangs.
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This was an information in the nature of a quo warranto, filed in the Marshall Circuit Court, May term, 1859, by the state’s attorney, on the relation of Martin Ballou, against Mark Bangs. The facts are set forth in the following agreed case between the parties: It is agreed by the parties in this cause, that under and by virtue of the provisions of an act, entitled “ An act to establish the twenty-third judicial circuit, and to fix the time for holding courts in the ninth judicial circuit,” approved February 10th, 1857, at a regular election for judge and state’s attorney for the…
1Opinion of the Court
Catón, C. J.
While it is the duty of the court to sustain a law passed by the legislature, unless the law is manifestly in violation of some provision of the constitution, yet we cannot wink at the violation ór evasion of that instrument, no matter in what emergency, or from what supposed necessity the law may have been passed. We were led to consider somewhat the provisions of this law, in the case of The People ex rel. Ballou v. Dubois, 28 Ill. R. 547, where we said that the legislature could not, by the passage of any law, turn a circuit judge out of office, but the question was not there…
2Cited by32 opinions
- Ridout v. StateTennessee Supreme Court · 1930
- Magneau v. City of FremontNebraska Supreme Court · 1890
- Gildemeister v. LindsayMichigan Supreme Court · 1920
- Leach v. People ex rel. PattersonIllinois Supreme Court · 1887
- People ex rel. Chillicothe Township v. Board of ReviewIllinois Supreme Court · 1960
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