Rusch v. Tucker

Full title: People of the State of Illinois ex rel. John S. Rusch, Appellee, v. Oscar…

Court: Appellate Court of Illinois, First District

Date published: Feb 26, 1941

308 Ill. App. 668 (Ill. App. Ct. 1941)

32 N.E.2d 362

Opinion

Gen. No. 41,156. (Abstract of Decision.)

Opinion filed February 26, 1941

ELECTIONS, § 243^_ — contempt proceedings, judge interested in election. In contempt proceedings against election officials, county judge who was a candidate at the primary election and who expressed belief that misconduct caused his vote to be less than it should have been, should have assigned the cause to another disinterested judge, following People ex rel. Rusch v. Cunningham, 308 Ill. App. 63.

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

Appeal from County Court of Cook county; Hon. EDMUND K. JARECKI, presiding.

Reversed and remanded. Heard in third division, first district, this court at April term, 1940.

Simon Herr and Mayer Goldberg, for appellants;

Thomas J. Courtney, State's Attorney, for appellee;

John F. Cashen, Jr., of counsel.

Opinion by PRESIDING JUSTICE HEBEL.

"Not to be published in full." Opinion filed February 26, 1941.