Legal Opinion

Brackett v. People ex rel. McGowan

Illinois Supreme Court

Decided June 15, 1872PublishedCited by 2 opinions

Appeal, from the Circuit Court of St. Ciair county; the Hon. Joseph Gillespie, Judge, presiding. This was a proceeding in the court below by quo warranto.

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Appeal, from the Circuit Court of St. Ciair county; the Hon. Joseph Gillespie, Judge, presiding. This was a proceeding in the court below by quo warranto. The information set out: “That, at an election held according to law, on the 4th day of April, 1871, at East St. Louis, the relator, Daniel McGowan, was elected police magistrate for said city, to succeed the plaintiff, Brackett, who was then holding said office; that Bracket was a candidate for re-election and received the next highest number of votes for said office; that McGowan, on the 13th day of April, 1871, filed his official bond,…

1Opinion of the CourtJustice McAllister

The statute providing for the office o. police magistrate in question, in prescribing the term of his office, declares that he shall hold his office for the term of four years and until his successor shall be elected and qualified. Private Laws 1861, p. 648.

The information in this case admits title to the office in the defendant, Brackett, on the 4th day of April, 1871, but calls for his wai’rant to hold it after that time, alleging the election, and that Brackett was a candidate for re-election, but that Daniel McGowan received the highest number of votes at such election; filed his bond,…

2Cited by2 opinions

  1. Garden City Sand Co. v. MillerIllinois Supreme Court · 1895
  2. Michaels v. PeopleIllinois Supreme Court · 1904

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