People ex rel. Montony v. City Council & Treasurer

Citations

• 66 Ill. 507

Syllabus

<p>1. Salary of judge of inferior court—common pleas of the cities of Elgin and Awrora. The Common Pleas courts of the cities of Elgin and Aurora being inferior courts of record, within the meaning of the act of March 29,1872, relating to the salaries of the judges of such courts, etc., and the law providing that one judge shall hold the court in both of such cities, such judge is not entitled to receive a salary of §1500 from each of said cities, but only that sum from both.</p> <p>2. Mandamus—relator must show the right sought. A party seeking to compel the performance of an act, must set forth every material fact necessary to show the plain duty of the respondent to act in the premises, before the court will interfere by mandamus. Thus, where a judge was entitled to receive a salary of §1500 per annum, from two cities, for holding courts therein, and sought, by mandamus, to compel one city to pay him the salary, but failed to show whether or not the other city had paid him such salary, it was held, that this court could not award a mandamus compelling the defendant city to pay him anything.</p>