Board of Supervisors v. Davis

Citations

• 63 Ill. 405

Syllabus

<p>1. Contest of election—removal of county seat—who may contest. On bill in chancery by a citizen and voter of the county, who was also a taxpayer, filed in behalf of himself and all others of the county interested in the question, against the board of supervisors, to impeach the election returns and purge the poll-books of illegal votes cast at an election to determine whether the county seat should be removed, it was objected on appeal that the suit could not be maintained by a private citizen, but should have been brought by the attorney general or State’s attorney on behalf of the public: Held, that, from the long practice in this State allowing such suits to be brought by individuals, this court could not reverse the rule, especially as no such objection was made in the court below.</p> <p>2. Jurisdiction—chancery—waiver of objection. It is the practice in this court, when no objection is made to the jurisdiction of the court below, not to entertain the objection when raised for the first time in this court, unless it be in cases where chancery could under no circumstances have jurisdiction of the case. The defendant, by failing to object in due time in the court below, will waive the objection.</p> <p>3. Elective franchise—depriving a few of, does not render election void. Article 6, section 1, of the constitution of 1848, declared that every white male citizen, above the age of 21, who had resided in the State one year next preceding the election, should be entitled to vote at such election ; and every white male inhabitant, of the age aforesaid, who resided in the State at the adoption of the constitution, should have the same right to vote; and then provided that no citizen or inhabitant should be entitled to vote except in the district or county in which he should actually reside at the time of such election. The election law of 1861 provided that no person should be entitled to vote at any general or special election unless he should have actually reside