People ex rel. Davis v. Nellis
Illinois Supreme Court
Appeal from the Circuit Court of Alexander county; the Hon. W. W. Duncan, Judge, presiding. The State’s attorney of Alexander county, in the name of the People, upon the relation of Frank E- Davis, by leave of court, filed an information in the nature of a quo warranto against Fred D. Nellis, who was acting as sheriff of said county, praying that he be ousted from said office.
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Appeal from the Circuit Court of Alexander county; the Hon. W. W. Duncan, Judge, presiding. The State’s attorney of Alexander county, in the name of the People, upon the relation of Frank E- Davis, by leave of court, filed an information in the nature of a quo warranto against Fred D. Nellis, who was acting as sheriff of said county, praying that he be ousted from said office. The case involves the legality of the action of the Governor in removing from the office of sheriff of Alexander county Frank E. Davis, the relator, on the 18th of November, 1909, and the legality of the appointment of…
1Opinion of the CourtJustice Hand
The trial court held, by propositions of law submitted to it at the time it disposed of the demurrers to said pleas, that the act of 1905, entitled “An act to suppress mob violence,” (Hurd’s Stat. 1909, p. 802,) was constitutional and that the relator was lawfully removed by the Governor from the office of sheriff of Alexander county, but that the vacancy caused by such removal occurred on the day upon which the Governor issued his proclamation of removal, which was on November 18, 1909, which date was more than one year prior to the expiration of the relatoT’s term of office, and that said…
2Cases cited8 opinions
- Donahue v. County of WillIllinois Supreme Court · 1881
- Dahnke v. PeopleIllinois Supreme Court · 1897
- People ex rel. Stuckart v. KnopfIllinois Supreme Court · 1900
- People ex rel. Klokke v. WrightIllinois Supreme Court · 1873
- Rouse v. ThompsonIllinois Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- William Scott and Rosemary Scott v. James E. O'grady, Sheriff of Cook County, and Kelvin Branch, Deputy Sheriff of Cook CountyCourt of Appeals for the Seventh Circuit · 1993
- Gossmeyer v. McDonaldCourt of Appeals for the Seventh Circuit · 1997
- June Franklin and Karen Huff v. John Zaruba, Dupage County Sheriff, in His Official Capacity and as an Agent of Dupage County Sheriff's DepartmentCourt of Appeals for the Seventh Circuit · 1998
- Gossmeyer v. McdonaldCourt of Appeals for the Seventh Circuit · 1997
- Holda v. County of KaneAppellate Court of Illinois · 1980
18 more not listed; retrieve them via the Exa API.