Launtz v. People ex rel. Sullivan

Citations

• 113 Ill. 137
• 1885 Ill. LEXIS 677

Syllabus

<p>1. Pleading and evidence—as to allegations not traversed. To an information in the nature of a quo warranto to test the defendant’s right to an office, the defendant filed a plea showing his appointment to the office by the city council, the filing of his oath of office in proper time, and the approval of his official bond. The relator, by replication, denied the appointment and the approval of his bond: Held, that as the filing of defendant’s oath of office was not traversed, it stood confessed by the pleadings.</p> <p>2. Municipal corporations—election or appointment of city officers—■ of the number of votes required. Where a city council, consisting of eight aldermen and a mayor, are all present, or a quorum is present, and the election of an officer is properly proposed, whoever receives a majority of those who do vote will be elected, although a majority of the members of the council may abstain from voting, or may even protest against the election.</p> <p>3. Same—when the mayor may vote. Under a city charter which gives the mayor a right to vote only in case of a tie, if four out of the eight councilmen vote in the affirmative, and the other four, though present, refuse to vote either way, the mayor may treat those not voting as opposed to those who have voted, and decide the question by voting also in the affirmative.</p> <p>4. Same—approval of city treasurer's bond. At a full meeting of a city council, consisting of eight aldermen and a mayor, on motion to approve the city treasurer’s bond, and upon a call for the ayes and noes, four councilmen voted in favor of the motion and the other four refused to vote, and the mayor thereupon declared the motion carried, voting also in the affirmative: Held, that as the approval of the officer’s bond was of the same nature as his election, without which the election was unavailing, the same rule as in elections should apply, and a majority of those voting having voted in the affirmative, the bond was legally approve