People ex rel. Winstanley v. Weber
Illinois Supreme Court
This was an application in this court by Thomas Winstanley, as city treasurer of the city of East St. Louis, for a writ of mandamus against Herman G. Weber, county collector of St. Clair county, to compel him to pay over to the relator moneys collected by him and taxes belonging to the city of East St. Louis. The defendant’s plea presented the question of the validity of the relator’s election.
1Opinion of the CourtJustice Dickey
While the acts of an officer de facto are valid, in so far as the rights of the public are involved and in'so far as the rights of third persons having an interest in such acts are concerned, still, where a party sues or defends in his own right as a public officer, it is not sufficient that he be merely an officer de facto. To do this he must be an officer de jure. As an officer defacto he can claim nothing for himself. People ex rel. Sullivan v. Weber, 86 Ill. 283.
The commission under which relator claims title, recites that it is issued in pursuance of an election held on the 16th day of…
2Cases cited1 opinion
- People ex rel. Sullivan v. WeberIllinois Supreme Court · 1877
3Cited by8 opinions
- Moon v. MayorIllinois Supreme Court · 1905
- Dolliver v. ParksMassachusetts Supreme Judicial Court · 1884
- Short v. SymmesMassachusetts Supreme Judicial Court · 1889
- Home Insurance v. TierneyAppellate Court of Illinois · 1893
- McCloud & Geigle v. City of ColumbusOhio Supreme Court · 1896
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