Boren v. Smith

Citations

• 47 Ill. 482

Syllabus

<p>1. Registry law—of its application to elections for the removal of a county seat The act of 1866, providing for the registry of electors, and to prevent frauds in elections, does not apply to elections held for the purpose of deciding upon the removal of a county seat.</p> <p>2. Jurisdiction—of a court of chancery in such cases. While a court of chancery will not interfere to determine which of two persons has been elected to office, or try the rights of parties to hold an office, yet, in case of an election upon the question of the removal of a county seat, which is claimed to have resulted in favor of removal, if it is alleged that such was not the result, by reason of the election being illegally held, or the vote not being a fair one, a court of chancery will entertain jurisdiction at the instance of those impeaching the election, to determine where the county seat is, although that inquiry may incidentally involve the question, whether the vote had been fairly taken, and if fraud had intervened therein, to purge the polls.</p>