Legal Opinion

People ex rel. Kisselberg v. City of Chicago

Illinois Supreme Court

Decided June 23, 1904PublishedCited by 7 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. On August 7, 1900, appellant filed his petition in the circuit court of Cook county for a writ of mandamus directed to the city of Chicago, Carter H. Harrison, as mayor thereof, Joseph Kipley, superintendent of police, and John W. Ela and others, civil service commissioners, commanding them to place the name of appellant upon the pay-roll of the department of police of said city as sergeant of police, and to command the…

1Per curiam

This case is in all material respects like the case of Stott v. City of Chicago, 205 Ill. 281. In the case at bar, as in that case, appellant fails to show the legal creation or existence of the office he claims to hold, nor does he show that he was in any legal manner elected or appointed to said office. If such an office exists in the city of "Chicago it can only be by virtue of some ordinance creating the same and providing the manner of filling the same. As no such office is created by statute and as no ordinance or other competent authority creating such an office is pleaded or set forth…

2Cases cited1 opinion

  1. Stott v. City of ChicagoIllinois Supreme Court · 1903

3Cited by7 opinions

  1. People ex rel. King v. City of ChicagoAppellate Court of Illinois · 1909
  2. City of Chicago v. BullisAppellate Court of Illinois · 1908
  3. Trout v. City of HerrinAppellate Court of Illinois · 1925
  4. Beams v. City of West FrankfortAppellate Court of Illinois · 1924
  5. Fitzgibbons v. LegrosAppellate Court of Illinois · 1924

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