People Ex Rel. Carlstrom v. Shurtleff

Mr. Chief Justice Orr,

specially concurring:

I concur in the result reached in the foregoing opinion but cannot concur in much of its reasoning. The same result could have been obtained by appeal or writ of error without doing violence to well established precedent. Our court has repeatedly held that mandamus does not lie-when the trial court has jurisdiction of the person and subject matter, and the conclusion of a trial court that it has jurisdiction to enter the disputed order is subject to review only on appeal or writ of error. (People v. Ehler, 353 Ill. 595.) Mandamus cannot be issued to…