People ex rel. Brackett v. McGowan
Illinois Supreme Court
■ Appeal front the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was an information, in the nature of a quo warranto, on the relation of Geo. W. Brackett, against Daniel McGowan. The material facts of the case appear in the opinion of the court.
1Opinion of the CourtChief Justice Scott
The information alleges Daniel McGowan, at an election held on the 8th day of October, 1874, was regularly elected judge of the city court of East St. Louis; was duly qualified as judge, and entered upon the discharge of the duties of the office; but charges he could not lawfully hold the office of judge of that court, because he was alien born.
The plea filed admits defendant was born an alien to the United States, but avers he was duly naturalized on the 15th day of May, 1867, in the Criminal Court of the county of St. Louis, at a regular term, that court having jurisdiction to admit aliens…
2Cases cited7 opinions
- Spratt v. SprattSupreme Court of the United States · 1830
- Campbell v. Gordon and WifeSupreme Court of the United States · 1810
- People ex rel. Smith v. PeaseNew York Supreme Court · 1860
- Board of Supervisors v. DavisIllinois Supreme Court · 1872
- In re ConnerCalifornia Supreme Court · 1870
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3Cited by11 opinions
- Behrensmeyer v. KreitzIllinois Supreme Court · 1891
- Dale v. IrwinIllinois Supreme Court · 1875
- Levin v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- United States v. AakervikDistrict Court, D. Oregon · 1910
- Tinn v. U.S. District AttorneyCalifornia Supreme Court · 1906
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