Brackett v. People Ex Rel. Daniel Mcgowan.

• Decision Date: 30 June 1872
• Parties: GEORGE W. BRACKETTv.THE PEOPLE ex rel. Daniel McGowan.
• Court: Illinois Supreme Court

64 Ill. 170

1872 WL 8292 (Ill.)

GEORGE W. BRACKETT

v.THE PEOPLE ex rel. Daniel McGowan.

Supreme Court of Illinois.

June Term, 1872.

APPEAL from the Circuit Court of St. Clair county; the Hon. JOSEPH GILLESPIE, Judge, presiding.

This was a proceeding in the court below by quo warranto. The information set out:

“That, at an election held according to law, on the 4th day of April, 1871, at East St. Louis, the relator, Daniel McGowan, was elected police magistrate for said city, to succeed the plaintiff, Brackett, who was then holding said office; that Bracket was a candidate for re-election and received the next highest number of votes for said office; that McGowan, on the 13th day of April, 1871, filed his official bond, and on the 17th day of the same month received his commission and was duly qualified; that Brackett, well knowing, etc., after the election and qualification of his successor, did, on the 18th day of April, 1871, unlawfully hold, and still continues unlawfully to hold said office; and on the last mentioned day, at, etc., unlawfully executed and exercised the powers and duties, and enjoyed the emoluments of said office, and, at, etc., still continues to unlawfully execute and exercise the powers and duties, and to enjoy the emoluments of said office, contrary to the form of the statute and against the peace and dignity of the people of the State of Illinois.” The issue formed, and the grounds of error assigned, are set forth in the opinion.

Upon a trial, a judgment of ouster was pronounced, from which the respondent appealed.

Messrs. C. W. & E. L. THOMAS, for the appellant.

Messrs. G. & G. A. KŒRNER, for the appellees.

Mr. JUSTICE MCALLISTER delivered the opinion of the Court:

The statute providing for the office o?? police magistrate in question, in prescribing the term of his office, declares that he shall hold his office for the term of four years and until his successor shall be elected and qualified. Private Laws 1861, p. 648.

The information in this case admits title to the office in the defendant, Brackett, on the 4th day of April, 1871, but calls for his warrant to hold it after that time, alleging the election, and that Brackett was a candidate for re-election, but that Daniel McGowan received the highest number of votes at such election; filed his bond, received his commission, and was duly qualified; that Brackett, well knowing the premises, unlawfully held and continued to hold said office after his...