People ex rel. Evans v. Callaghan

Citations

• 83 Ill. 128

Syllabus

<p>1. Quo wabbanto—granting discretionary. The granting of leave to file an information in the nature of a quo warranto, is in the sound discretion of the court, hut the court should not arbitrarily refuse leave, but exercise a sound discretion according to law.</p> <p>2. Same—«ser of office to justify information. The taking of the oath of office by one claiming to be appointed town collector, and thereby obligating the party to discharge certain duties, is a sufficient user of the office to warrant an information in the nature of a quo warranto.</p> <p>3. Office—decision of canvassers prima facie sufficient. The decision of the canvassers of an election affords prima facie evidence of the legal election of the person found to have received a plurality of the votes cast, and unless his title to the office is contested in some mode known to the law, he will be entitled to the office for the term for which he was elected.</p> <p>4. Same—power of town locui’d, to appoint. Where a town officer has been declared elected by the election board, and qualifies by taking the necessary oath of office, the board of appointment has no power to fill the office by appointment, as in case of a vacancy, nor has it authority to hear evidence and decide that the election was irregularly conducted, or that the election was fraudulent, and thus declare a vacancy.</p> <p>5. Same—right of town officer te hold over. In case of a failure to elect any town officers at any regular town meeting, it seems that the old ones will hold over until an election can he ordered.</p> <p>6. Collector—when to give bond—oath of office. A town collector is required to take two oaths—one within ten days after notice of his election, and one after giving his bond. He is not required to give bond until within eight days after notice of the amount of taxes by him to be collected, and the latter oath is to be indorsed on the bond.</p> <p>7. Same—when office begins. A town collector’s term of office begins when