People ex rel. Akin v. Kipley
Illinois Supreme Court
Original petition for mandamus. At the June term, 1897, of this court, to-wit: on June 1, 1897, the Attorney General filed a motion for leave to file an original petition for mandamus. Leave was granted to file the petition, and it was so filed on June 2, 1897. The petition prays for summons to Joseph Kipley, superintendent of police of Chicago, and Adolf Kraus, Dudley Winston and Hempstead Washburne, civil service commissioners, requiring them to answer the petition.
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Original petition for mandamus. At the June term, 1897, of this court, to-wit: on June 1, 1897, the Attorney General filed a motion for leave to file an original petition for mandamus. Leave was granted to file the petition, and it was so filed on June 2, 1897. The petition prays for summons to Joseph Kipley, superintendent of police of Chicago, and Adolf Kraus, Dudley Winston and Hempstead Washburne, civil service commissioners, requiring them to answer the petition. The petition alleges that vacancies eirist in the positions of assistant superintendent of police, inspectors of police and…
1Opinion of the CourtJustice Magruder
First—The civil service commissioners, who are respondents in this case, do not set up in their answer the unconstitutionality of the Civil Service act, nor do they adopt that part of the answer of the respondent, Kipley, the superintendent of police, which attacks the constitutionality of the law. But the respondent, Kipley, in his answer expressly alleges, that the act is unconstitutional, and relies upon its unconstitutionality as a defense to the matters and things set up in th e petition. By the demurrer filed by the petitioner to the answer of Kipley, the question of the…
2Cases cited23 opinions
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