People ex rel. Phillips v. Lieb

Citations

• 85 Ill. 484

Syllabus

<p>1. County clerk—delivery of assessors’ hooks, etc. Where a county clerk delivers the assessor’s book and blanks of a town to one appointed to the office of assessor, and who is clothed with the proper evidence of such appointment, he has discharged his duty, and can not be compelled to de. liver the same to another person claiming the same office by election. On mandamus to compel him to make such delivery, the only question is as to</p> <p>the fact of the appointment of the person who has received the hooks, etc., and not as to the rightfulness of it.</p> <p>2. Assessor—acts of, de facto, are valid. Where the proper appointing power in a town meet and determine that there is a vacancy in the office of assessor by a failure to elect one, and appoint one who qualifies, his acts in making the assessment as a defacto officer will be good and valid until he is ousted by a proper proceeding for that purpose.</p> <p>3. Mandamus—when it lies. A mandamus will not be awarded except in a clear case. It is not granted as a matter of absolute right; and where it can be seen that it can not accomplish any good purpose, or that for which it is sought, it will be denied.</p>