Opinion
Gen. No. 9,770. (Abstract of Decision.)
Opinion filed May 14, 1942
MANDAMUS, § 100 — restoration 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"Not to be published in full."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.