Legal Opinion

Mills v. McCabe

Illinois Supreme Court

Decided April 15, 1867PublishedCited by 7 opinions

Writ oe Error to the Circuit Court of La Salle county; the Hon. Madison E. Hollister, Judge, presiding.

1Opinion of the CourtChief Justice Walker

This was an action on the case brought by James McCabe, in the La Salle Circuit Court, against Henry Mills, Thomas Phillson, and Darius Fyffe, to recover damages for refusing his vote at a general election. Plaintiffs in error were judges of the election in the precinct where the vote was offered. It appears that defendant was a native of Ireland, but emigrated to this country, and claims to have been naturalized according to the laws of congress, previous to his offering to vote. Plaintiffs in error insist that he was not legally naturalized, inasmuch as the court before which his…

2Cases cited1 opinion

  1. Carter v. DallimoreThe Superior Court of New York City · 1848

3Cited by7 opinions

  1. United States v. HraskyIllinois Supreme Court · 1909
  2. Board of Supervisors v. DavisIllinois Supreme Court · 1872
  3. People ex rel. Brackett v. McGowanIllinois Supreme Court · 1875
  4. Stradford v. ReineckeAppellate Court of Illinois · 1955
  5. Board of Education of Indian Prairie School District No. 204 v. Du Page County Election CommissionAppellate Court of Illinois · 2003

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