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· 5/14/1881

People ex rel. Whitney v. Masonic Benevolent Ass'n

Citations

  • 98 Ill. 635
  • 1881 Ill. LEXIS 304

Syllabus

<p>Mandamus—petitioner’s pecuniary interest must be involved. A writ of mandamus will not be awarded to a party until he shows that he has a clear legal right which is denied, and that the denial of the right affects his pecuniary interest. It will not be granted to settle a mere fancy question. So the court refused to entertain a petition for a writ of mandamus to compel the officers of a “Masonic Benevolent Association” to declare the adoption of a certain amendment which had been proposed to the constitution of the association, the question involving a construction of that constitution as to the requisite vote to carry an amendment, it not appearing that the petitioner had any pecuniary interest in the settlement of the question.</p>

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