People ex rel. Cunningham v. Thistlewood
Illinois Supreme Court
This is an original proceeding in this court, for a writ of mandamus. The petitioner, Justus B. Cunningham, alleges that at a general election held in and for the city of Cairo, he was elected to the office of city attorney of said city, and that the city council and the city clerk, together with the mayor of the city, refuse to execute their duties-in respect of such election to the end that the petitioner may be properly invested with his said office to which he was so…
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This is an original proceeding in this court, for a writ of mandamus. The petitioner, Justus B. Cunningham, alleges that at a general election held in and for the city of Cairo, he was elected to the office of city attorney of said city, and that the city council and the city clerk, together with the mayor of the city, refuse to execute their duties-in respect of such election to the end that the petitioner may be properly invested with his said office to which he was so elected. The petitioner therefore prays that the mayor and common council and the city clerk be compelled by mandamus to…
1Opinion of the Court
Scott, Ch. J.:
It is insisted that the statute which regulates the practice concerning mandamus, and requires that a writ should be returnable in not less than five days, makes it also imperative that there should be service for that length of time. This court has had frequent occasion heretofore to decide that the statute regulating the practice in mandamus cases has no application to practice in this court. It was designed to regulate the practice in the circuit courts in such cases, and not in this court. We have therefore always required that, before a summons shall be issued, application…
2Cited by13 opinions
- People ex rel. Jackson v. Suburban RailroadIllinois Supreme Court · 1899
- People ex rel. Kocourek v. City of Chicago & Schlesinger & MeyerIllinois Supreme Court · 1901
- People ex rel. Dickinson v. Board of TradeIllinois Supreme Court · 1901
- Hawkins v. HardingAppellate Court of Illinois · 1889
- People ex rel. O'Connor v. HaasIllinois Supreme Court · 1909
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