Ackerman v. Haenck
| Decision Date | 26 October 1893 |
| Citation | 147 Ill. 514,35 N.E. 381 |
| Parties | ACKERMAN et al. v. HAENCK et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Bureau county court; Robert R. Gibons, Judge.
Petition of Louis Ackerman and others against C. J. Haenck and others to contest an election for members of a board of education. Judgment for defendants. Contestants appeal. Affirmed.
J. L. Murphy, for appellants.
A. R. Greenwood and Eckels & Kyle, for appellees.
The other facts fully appear in the following statement by CRAIG, J.:
At an election held on the 16th day of April, 1892, at Spring Valley, in Bureau county, in district No. 3, for the purpose of electing a president of the board of education, and two members of the board for three years, and one member for two years, as appears from the returns, C. J. Haenck was elected president, and Peter Lauer and P. J. O'Brien and Thomas Dyer were each elected members, of the board. The votes received by the respective candidates were as follows:
After the result had been declared, Louis Ackerman and 10 other residents of the school district filed a petition in the county court of Bureau county to contest the election. The petitioners alleged in the petition 11 grounds upon which they relied to contest the election. The first, second, and third grounds alleged were that the defendant did not receive a majority of the legal votes cast, and that their competitors did receive a majority of the legal votes. The fourth is to the effect that no legal declaration of the result of said election was declared by the board of election. The fifth is to the effect that 610 women voted for the defendants. The sixth is to the effect that the contestees did not receive a plurality of the legal votes cast at such election. The seventh is to the effect that the outgoing board of education did not receive any oaths of office from the incoming members. The eighth is to the effect that the newly-elected members of the board did not take any oath of office before entering upon the discharge of their duties. The ninth is to the effect that the election board received illegal votes. The tenth is to the effect that the election board refused to receive legal votes. The eleventh is to the effect that the election board knowingly and willfully received such illegal votes, and refused to receive legal votes. The defendants put in an answer to the petition, in which all the material allegations relied upon by the petition were denied. During the progress of the trial, the petitioners obtained leave to amend their petition by inserting, immediately following a prayer for relief, the following: ‘All of which proceedings, actings, and doings, and the holding of the pretended election aforesaid, were, from first to last, illegal, fraudulent, and void, and contrary to the statute in such cases made and provided.’ And if it shall appear to the court that the said election of the said president and members of said school district is illegal and void, and contrary to the statute in such cases made and provided, the said contestants pray that the said election of the said persons above named be so declared, and that the election be set aside, and for naught held.
CRAIG, J., (after stating the facts.)
The petitioners did not attempt to prove on the trial that the defendants did not secure a majority of the legal votes case at the election. nor did it appear from the evidence that there was any fraud or unfairness on the part of the judges or clerks in conducting the election. But the petitioners, as we understand the argument of the counsel, seek to defeat the election of the defendants by proving that irregularities occurred in calling and conducting the election, and in canvassing the votes, and declaring the result.
The board of education consisted of a president and six members. On the 26th day of March, 1892, the board met, and, as appears from its record, transacted business as follows: The following notice of the election was posted, as required by the statute, and also published in a newspaper published in Spring Valley. ...
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