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People ex rel Boender v. Propper

Appellate Court of Illinois, First District
Dec 30, 1941
312 Ill. App. 382 (Ill. App. Ct. 1941)

Summary

In People v. Propper, 220 Ill. 455, 77 N.E. R. 208, previous to his admission the attorney had been convicted of bastardy, although he was innocent he said and did not appeal for lack of funds; had been convicted of sending obscene cards through the mail, although he had not been sentenced because as he alleged the judge was not satisfied with the evidence; that he had been guilty but not convicted of bigamy. It was held that he should be disbarred.

Summary of this case from Gould v. State

Opinion

Gen. No. 41,589. (Abstract of Decision.)

Opinion filed December 30, 1941

MANDAMUS, § 57.1writ of mandamus to compel supervisor to submit accounts for audit denied. Where a writ of mandamus was sought to compel the township supervisor and ex officio overseer of the poor to submit his relief administration accounts to the town board of auditors twice a month, and it appeared that the supervisor complied with all the rules and regulations of the relief commission in keeping the accounts and they were audited by the commission, the petition for the writ was properly denied, since the writ of mandamus is not a writ of absolute right but can be granted or withheld as here in the exercise of sound discretion under all the circumstances.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.

Judgment affirmed. Heard in second division, first district, this court at December term, 1940.

William Jacobs, for appellant;

Arthur E. Dillner, Wm. F. Donahue and O.I. Lewis, of counsel;

Herbert A. Ellis, for appellee.


"Not to be published in full." Opinion filed December 30, 1941.


Summaries of

People ex rel Boender v. Propper

Appellate Court of Illinois, First District
Dec 30, 1941
312 Ill. App. 382 (Ill. App. Ct. 1941)

In People v. Propper, 220 Ill. 455, 77 N.E. R. 208, previous to his admission the attorney had been convicted of bastardy, although he was innocent he said and did not appeal for lack of funds; had been convicted of sending obscene cards through the mail, although he had not been sentenced because as he alleged the judge was not satisfied with the evidence; that he had been guilty but not convicted of bigamy. It was held that he should be disbarred.

Summary of this case from Gould v. State
Case details for

People ex rel Boender v. Propper

Case Details

Full title:People of the State of Illinois ex rel. Howard A. Boender, Appellant, v…

Court:Appellate Court of Illinois, First District

Date published: Dec 30, 1941

Citations

312 Ill. App. 382 (Ill. App. Ct. 1941)
37 N.E.2d 787

Citing Cases

Gould v. State

Matter of Pritchett, 122 App. Div. 8, 106 N Y Supp. 847. In People v. Propper, 220 Ill. 455, 77 N.E. R. 208,…

In re de Propper

Sedulous care appears to have been exercised throughout that the petitioner have a full and fair hearing. The…