Legal Opinion

People ex rel. Brewster v. Kilduff

Illinois Supreme Court

Decided June 15, 1854PublishedCited by 38 opinions

The petition showed that the city of Peru was organized according to charter, and first officers elected in April, 1851; was divided into two wards and so continues; that at the annual election, April, 1854, Brewster was elected mayor, instead of Patrick M. Kilduff, whose term expired. Birlcenbend was elected alderman of first ward, in the place of McCormick, whose term expired; and Dana alderman of second ward, in place of C. A. Holmes.

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The petition showed that the city of Peru was organized according to charter, and first officers elected in April, 1851; was divided into two wards and so continues; that at the annual election, April, 1854, Brewster was elected mayor, instead of Patrick M. Kilduff, whose term expired. Birlcenbend was elected alderman of first ward, in the place of McCormick, whose term expired; and Dana alderman of second ward, in place of C. A. Holmes. Churchill Coifing, first ward, and John L. Coates, second ward, were the aldermen holding over till 1855. At the time of election Coifing was absent from the…

1Opinion of the CourtScates, J.

In pursuance of the second section of the sixth article of the constitution, the legislature passed an act regulating elections, in which it was provided (Act of 1849, p. 74, § 15), “ that no ballot shall be received or counted, unless the same is written or printed upon white paper, without any marks or figures thereon, intended to distinguish one ballot from another.”

By subsequent sections, the judges and clerks of election are required to keep tally lists, and lists of voters, and after the voting is closed, to canvass the ballots, and the “judges or board of election shall make out a…

2Cited by38 opinions

  1. People ex rel. Williams v. CicottMichigan Supreme Court · 1868
  2. State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
  3. People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
  4. People ex rel. Fuller v. HilliardIllinois Supreme Court · 1862
  5. State ex rel. Attorney-General v. JohnsonSupreme Court of Florida · 1892

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