Legal Opinion

City of Beardstown v. City of Virginia

Illinois Supreme Court

Decided January 15, 1875PublishedCited by 63 opinions

Appeal from the Circuit Court of Cass county; the Hon. Lyman Lacey, Judge, presiding. This was a suit in chancery, brought by the city of Beards-town and others, against the city of Virginia and others, to contest an election held in the county of Cass, November 12, 1872, on the question of the removal of the county seat of the county from Beardstown to Virginia, and to restrain the county officers from removing their offices or the records of the county, until the final…

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Appeal from the Circuit Court of Cass county; the Hon. Lyman Lacey, Judge, presiding. This was a suit in chancery, brought by the city of Beards-town and others, against the city of Virginia and others, to contest an election held in the county of Cass, November 12, 1872, on the question of the removal of the county seat of the county from Beardstown to Virginia, and to restrain the county officers from removing their offices or the records of the county, until the final determination of the suit. The facts necessary to an understanding of the points decided are stated in the opinion of the…

1Opinion of the CourtJustice Sheldon

On the 12th day of November, 1872, an election was held in the county of Cass, to determine whether the county seat should be removed from Beardstown to Virginia, the latter being nearer the centre of the county than the former. By the returns of the board of canvassers, the election was decided in favor of removal, by a majority of 128 votes.

To contest this decision, a bill in chancery was filed by Beardstown against Virginia, and the county officers were made parties, and enjoined from removing their records from the court house at Beardstown, and from transacting any official business in…

2Cases cited9 opinions

  1. People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
  2. Gilleland v. SchuylerSupreme Court of Kansas · 1872
  3. People ex rel. Williams v. CicottMichigan Supreme Court · 1868
  4. Waller v. HarrisNew York Supreme Court · 1838
  5. John Denn, Lessee of Charles C. Scott, and Others v. Thomas Reid, Jun., and OthersSupreme Court of the United States · 1836

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3Cited by63 opinions

  1. Rasmussen v. BakerWyoming Supreme Court · 1897
  2. Goodwin v. SmithIndiana Supreme Court · 1880
  3. Tuthill v. RendelmanIllinois Supreme Court · 1944
  4. Behrensmeyer v. KreitzIllinois Supreme Court · 1891
  5. State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909

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