Loomis v. Hodson
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on writ of error to the County Court of Henderson county; the Hon. John A. Gray, Judge, presiding. A petition signed by the required number of legal voters of Henderson county was filed on July 19, 1904, with the county clerk, praying an order of court authorizing an election to determine whether the county seat of that county should be removed from Oquawka to Stronghurst.
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Appeal from the Appellate Court for the Second District;—heard in that court on writ of error to the County Court of Henderson county; the Hon. John A. Gray, Judge, presiding. A petition signed by the required number of legal voters of Henderson county was filed on July 19, 1904, with the county clerk, praying an order of court authorizing an election to determine whether the county seat of that county should be removed from Oquawka to Stronghurst. Before the election was called an issue was raised as to whether Stronghurst was “nearer to the center of the county” than Oquawka. If it was,…
1Opinion of the CourtJustice Carter
Section 7 of the statute on the removal of county seats, (Hurd’s Stat. 1905, p. 585,) provides, among other things: “All cases of contest arising upon said petitions or affidavit shall have precedence over all other cases at the September term of said court, and shall be heard and determined at said term, and the decision of the county court shall be final.” While it is admitted that this language excludes a writ of error as well as an appeal, it is urged that a writ of error is a writ of right, and that the legislature has no power to deprive a party of that right. It has been held by this…
2Cases cited4 opinions
- Haines v. PeopleIllinois Supreme Court · 1880
- Kinsloe v. PogueIllinois Supreme Court · 1904
- Sweeney v. Chicago Telephone Co.Illinois Supreme Court · 1904
- People ex rel. Williams v. RoseIllinois Supreme Court · 1904
3Cited by9 opinions
- Superior Coal Co. v. O'BrienIllinois Supreme Court · 1943
- Saylor v. DuelIllinois Supreme Court · 1908
- Bradford Supply Co. v. WaiteIllinois Supreme Court · 1945
- Holman v. BrownAppellate Court of Illinois · 1919
- Wetaug Drainage District v. Illinois Central RailroadIllinois Supreme Court · 1921
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