Bernier v. Russell
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. An election was held by the villagers of Cahokia in March, A. D. 1875, for the election of school trustees, under the statute of 1841, providing for such elections.
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Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. An election was held by the villagers of Cahokia in March, A. D. 1875, for the election of school trustees, under the statute of 1841, providing for such elections. Appellee, being at that time one of the villagers of that village, offered to vote for school trustees, and was refused that privilege by appellants, who were acting as judges of that election, and this upon the ground that he was a negro. This action is brought by appellee against appellants for damages for this alleged wrong. The…
1Opinion of the CourtJustice Dickey
It is objected that it is not shown that the election in question was a valid election. The statute of 1841 provides for such election, and appellants acted as judges, and it does not lie in their mouths to say plaintiff must prove, beyond this, that the election was valid.
It is objected appellee is not shown to have had a right to vote. The only requisite to qualify him to vote was, that he should have been one of the male villagers, of sufficient age and length of residence. This was shown by the proofs.
It is objected that he did not offer to vote by ballot, and that there was no previous…
2Cited by6 opinions
- McCormick v. BurtIllinois Supreme Court · 1880
- Stradford v. ReineckeAppellate Court of Illinois · 1955
- Board of Education of Indian Prairie School District No. 204 v. Du Page County Election CommissionAppellate Court of Illinois · 2003
- Hill v. CarrAppellate Court of Illinois · 1914
- Soucy v. People ex rel. McCrackenIllinois Supreme Court · 1885
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