People ex rel. Payson v. Kay
Appellate Court of Illinois
Mandamus. Error to the Circuit Court of Iroquois county; the Hon. Albebt O. Marshall, Judge, presiding. Heard in this court at the October term, 1909. Statement by the Court.
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Mandamus. Error to the Circuit Court of Iroquois county; the Hon. Albebt O. Marshall, Judge, presiding. Heard in this court at the October term, 1909. Statement by the Court. August Henning, W. E. Skiff and F. H. Higgins, three of the aldermen of the city of Watseka, and C. H. Payson as relators on March 26, 1909, filed a petition in the Circuit Court of Iroquois county for a writ of mandamus against W. P. Kay as Mayor of Watseka and C. H. Parker, W. F. Fox and J. E. Wills, as aldermen of Watseka. The petitioners allege that they.are citizens, taxpayers and voters of the city of Watseka; that…
1Opinion of the CourtJustice Thompson
The writ of error was not sued out in this case until August, 1909, several months after the election in reference to which it was sought by the petition to compel the defendants in error as officers of the city to vote with the aldermen who aré relators. It was conceded by plaintiff in error in oral argument in this court that an election was held on April 20, 1909, and that none of the parties to this suit, either relators or defendants in error, at the time the writ of error was sued out, were officers of the city; they are all out of office. Without the admission, the petition alleges…
2Cases cited10 opinions
- Gormley v. DayIllinois Supreme Court · 1885
- People ex rel. Stettauer v. OlsenIllinois Supreme Court · 1905
- North v. Board of Trustees of the UniversityIllinois Supreme Court · 1891
- Singer & Talcott Stone Co. v. HutchinsonIllinois Supreme Court · 1898
- Cristman v. PeckIllinois Supreme Court · 1878
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3Cited by3 opinions
- People ex rel. Willey v. BuckAppellate Court of Illinois · 1913
- Kendrick v. WendelAppellate Court of Illinois · 1910
- People ex rel. Barbee v. JareckiAppellate Court of Illinois · 1928