People ex rel. Wallace v. Salomon

Citations

• 46 Ill. 415

Syllabus

<p>1. Mandamus—when the wit may be employed. The writ of mandamus can only be employed where the party injured has a legal right, clearly established, but has no other remedy. If he has an action at law, or a remedy in equity, or there is doubt as to the relator’s right to the relief sought, then this writ will not be granted. So, where the proper officer whose duty it is to announce the result of an election, refuses so to do, a writ of mandamus to compel him to perform his duty in that regard, will issue, upon the relation of any voter and tax payer of the locality, whose interests are affected by his refusal.</p> <p>2. Elections—what is an expression of the will of the people. Where it is required by an act of the legislature, that, before it shall become operative, it shall be submitted to a vote of the legal voters of a designated district to be affected thereby, if the election which is attempted to be held in pursuance of such requirement, proves to have been illegally held in certain precincts within such district, those precincts containing a majority of the voters of such district, then the act will not be deemed to have been submitted to such a vote as its provisions required, and the result will not be declared upon the votes legally cast, adverse to what it would have been if no illegality had intervened.</p>