Stephens v. People ex rel. Rafter
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was an information, in the nature of a quo warranto, against the defendant, M. M. Stephens, jointly with seven other persons, as the acting aldermen of the city of East St. Louis, filed in the circuit court of St. Clair county on the 6th day of May, 1878; the relators, six in number, being aldermen elected under and in pursuance of the special charter and ordinances of such…
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Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was an information, in the nature of a quo warranto, against the defendant, M. M. Stephens, jointly with seven other persons, as the acting aldermen of the city of East St. Louis, filed in the circuit court of St. Clair county on the 6th day of May, 1878; the relators, six in number, being aldermen elected under and in pursuance of the special charter and ordinances of such city. After the filing of a general demurrer, the information was dismissed as to all the other seven defendants, and…
1Opinion of the CourtJustice Sheldon
The defendant’s claim of title to the office of alderman is by virtue of the election held on the 16th day of April, 1878. It was only under the provisions of the general law of 1872, entitled “An act to provide for the incorporation of cities and villages,” that a legal election could be held on that day, or that there was any office of alderman to be filled at that time.
Under the prior special charter of the city of East St. Louis, the first Tuesday of April, 1878, was the day of election, and the offices of aldermen were full, so that, unless the special city charter had become supplanted,…
2Cases cited3 opinions
- Council of Glencoe v. People ex rel. OwenIllinois Supreme Court · 1875
- Supervisors of Marshall County v. CookIllinois Supreme Court · 1865
- Charles H. Force & Co. v. Town of BataviaIllinois Supreme Court · 1871
3Cited by22 opinions
- Countz v. MitchellTexas Supreme Court · 1931
- Marsden v. HarlockerOregon Supreme Court · 1906
- People ex rel. Agnew v. GrahamIllinois Supreme Court · 1915
- Adsit v. OsmunMichigan Supreme Court · 1891
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
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