Delahanty v. Warner

Citations

• 75 Ill. 185

Syllabus

<p>1. Chancery jurisdiction—to try validity of removal from office. Á court of equity has no jurisdiction to entertain a bill to enjoin the mayor and aldermen of a city from removing a party from an office, and appointing a successor, and from preventing the party from discharging his duties after removal by them, as the party’s remedy at law is complete, by quo warranto against the successor, or mandamus against the mayor and councilmen.</p> <p>2. Mandamus—when it lies. Where a person is improperly removed from office by the mayor and aldermen of a city, he may compel them by mandamus to restore to him any evidence of his right to the office, in any property pertaining thereto, which they may improperly withhold from him. And where the title to the office is not in dispute, mandamus will lie to restore the person entitled to it.</p> <p>3. Oeficer—right to fees of office when illegally removed. If an officer of a city is unlawfully removed from his office by the city authorities, he has a complete remedy at law for any fees and emoluments pertaining to the office of which he is deprived.</p> <p>4. Chancery practice—evidence must appea/r in record to support decree. Where the record shows the assessment of damages upon the dissolution of an injunction, but does not show the evidence upon which the assessment is made, the order will be reversed for the error.</p>