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People ex rel. Mitchell v. Armspach

Appellate Court of Illinois, Second District
May 14, 1942
314 Ill. App. 573 (Ill. App. Ct. 1942)

Opinion

Gen. No. 9,770. (Abstract of Decision.)

Opinion filed May 14, 1942

MANDAMUS, § 100restoration of officer to position and payment of salary denied. Where a petition for writ of mandamus to compel restoration of relator to office of chief of police and to recover salary showed that relator was not a de facto officer but was holding his office at the mere will of the village and could be deprived of the office at its election, was never appointed in a manner prescribed by law, and never qualified as to oath and bond, he was not a de jure officer entitled to the writ.

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

Appeal from Circuit Court of Du Page county; Hon. WIN G. KNOCH, presiding.

Judgment affirmed. Heard in this court at February term, 1942.

Joseph Sam Perry and McCarthy Toomey, for appellant;

Joseph Sam Perry, Frank A. McCarthy, John E. Toomey and James John Cullen, of counsel;

Thomas A. Matthews and Theodore F. Ashford, for appellees.


"Not to be published in full." Opinion filed May 14, 1942.


Summaries of

People ex rel. Mitchell v. Armspach

Appellate Court of Illinois, Second District
May 14, 1942
314 Ill. App. 573 (Ill. App. Ct. 1942)
Case details for

People ex rel. Mitchell v. Armspach

Case Details

Full title:People of the State of Illinois ex rel. Witly Z. Mitchell, Appellant, v…

Court:Appellate Court of Illinois, Second District

Date published: May 14, 1942

Citations

314 Ill. App. 573 (Ill. App. Ct. 1942)
41 N.E.2d 781

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