Silver v. People ex rel. Whitmore

Citations

• 45 Ill. 224

Syllabus

<p>1. Constitutional law—general power of the legislature over the public records. The legislature has unquestionable authority to authorize any person to transcribe public records, for such purposes as it may deem the public interests to require, and, to that end, grant free access to all offices wherein such records are kept.</p> <p>2. Mandamus—in proceedings by—ordinary rules of pleading applicable— the unit standing as the declaration, and the return as the answer. The principies and rules of pleading in civil actions, are applicable in proceedings by mandamus, the alternative writ standing in the place of the declaration, to which the return is an answer.</p> <p>8. Same — the return—plea in abatement waived—by plea to the merits. Where a defendant in his return to a writ of mandamus sets forth matter in abatement, and also sets up facts in defense upon the merits, and asks judgment upon the merits, he thereby waives the plea in abatement and elects to try the cause upon the merits.</p>