People ex rel. Stephen v. Hanifan

Citations

• 96 Ill. 420
• 1880 Ill. LEXIS 52

Syllabus

<p>1. Office—acts showing an abandonment. Where an alderman, elected in a city under a special charter, is afterwards elected in the same ward at a different date, on the assumption of the adoption by the city of the general law relating to cities, etc., and after a decision that the general law was not legally adopted, refuses to attend the meetings of the council, or appear, on notice, to show why he should not be removed, his subsequent election and refusal to attend the council meetings, may be treated as an abandonment of his office under the prior election, or as an implied resignation, and the office may be filled as in case of a vacancy.</p> <p>2. Same—implied resignation. One of the modes by which a member or officer of a municipal corporation may be said to impliedly resign his office, is by being elected and accepting an office incompatible with the duties of the former office.</p>