Lynch v. Malley
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. The appellant, James D. Lynch, filed his bill for relief in the superior court of Cook county against the county of Cook, the city of Chicago, and William C. Halley, Thomas F. Judge and John W. Houston, the board of election commissioners of the city of Chicago.
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Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. The appellant, James D. Lynch, filed his bill for relief in the superior court of Cook county against the county of Cook, the city of Chicago, and William C. Halley, Thomas F. Judge and John W. Houston, the board of election commissioners of the city of Chicago. The bill alleged that the legislature of the State of Illinois passed an act (Laws of 1903, p. 178,) entitled “An act to provide for the use of voting machines at elections, for casting, registering, recording and counting ballots or votes, also…
1Opinion of the CourtJustice Wilkin
The submission in the court below being upon the bill and answer, the latter, upon the disputed questions of fact, was, of course, taken as true by the chancellor and must be so considered here. Therefore we are not called upon to pass upon the advisability, practicability or utility of the use of voting machines which will not, in effect, comply with the requirements of the statute, the answer clearly showing that by tests and other means they have been proven to be such as the statute authorizes to be used. In fact, the constitutionality of the statute of 1903 is the paramount question in…
2Cases cited7 opinions
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- Ritchie v. RichardsUtah Supreme Court · 1896
- State ex rel. Smith v. AndersonSupreme Court of Florida · 1890
- Brisbin v. ClearySupreme Court of Minnesota · 1879
- City of Detroit v. Board of Inspectors of ElectionMichigan Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Elwell v. ComstockSupreme Court of Minnesota · 1906
- Spickerman v. GoddardIndiana Supreme Court · 1914
- U. S. Standard Voting Machine Co. v. HobsonSupreme Court of Iowa · 1906
- State ex rel. Fenner v. KeatingMontana Supreme Court · 1917
- Jefferson County Ex Rel. Grauman v. Jefferson County Fiscal CourtCourt of Appeals of Kentucky (pre-1976) · 1938
9 more not listed; retrieve them via the Exa API.