People ex rel. Kennon v. Buy, No. 14429.
| Court | Supreme Court of Illinois |
| Writing for the Court | CARTWRIGHT |
| Citation | 136 N.E. 870,305 Ill. 11 |
| Parties | PEOPLE ex rel. KENNON v. LA BUY. |
| Decision Date | 21 October 1922 |
| Docket Number | No. 14429. |
305 Ill. 11
136 N.E. 870
PEOPLE ex rel. KENNON
v.
LA BUY.
No. 14429.
Supreme Court of Illinois.
Oct. 21, 1922.
Petition by Newell K. Kennon, in the name of the People, for mandamus against Joseph S. La Buy.
Writ denied.
[136 N.E. 871]
[305 Ill. 12]Peden, Graydon, Kahn & Murphy, of Chicago (Harry A. Kahn, of Chicago, of counsel), for relator.
Max C. Liss, of Chicago, for defendant.
CARTWRIGHT, J.
By leave of court Newell K. Kennon filed his petition in the name of the people of the State of Illinois, praying for a writ of mandamus directed to the defendant, Joseph S. La Buy, one of the judges of the municipal court of Chicago, commanding him to expunge from the records of the court an order setting aside a judgment of the court entered in the case of Newell K. Kennon against Delia Burke, The petition was answered, and a replication filed forming issues of fact, which were referred to a commissioner to take the evidence and report the same to the court. The evidence has been taken and returned and the cause submitted for decision.
The facts set forth in the petition as entitling the relator to the writ are as follows:
On May 26, 1921, the relator, Newell K. Kennon, was the owner of premises in Chicago known as 3963 Ellis avenue, and on that day he instituted a forcible entry and detainer suit against Delia Burke for possession of the premises. There was a trial by the court on June 9, 1921, resulting in a finding that Delia Burke was guilty of withholding the premises, and a judgment for possession, with an order that the writ of restitution be [305 Ill. 13]stayed to September 30, 1921, and the new rental should be $80 a month. On September 22, 1921, the defendant made a notation of record of a motion of Delia Burke to vacate the judgment, and on September 29, 1921, the defendant, without witnesses being sworn or evidence heard, entered the following order:
‘Motion defendant heretofore entered to vacate order June 9, 1921, sustained. Trial by court finding defendant, Delia Burke, not guilty. Judgment on finding against plaintiff, Newell K. Kennon.’
On September 30, 1921, the attorneys for the relator moved the defendant for an order expunging from the record the orders of September 22 and September 29, and on October 26, 1921, the motion to expunge the orders was overruled. The petition alleged that the order staying the writ of restitution was void because Delia Burke had not given a bond to pay the rental fixed, and the provision of the Forcible Entry and Detainer Act (Hurd's Rev. St. 1921, c. 57) for such stay was a violation of constitutional rights. The petition asked for the writ commanding the defendant to expunge the orders of September 22 and 29, and, if the court should hold the Forcible Entry and Detainer Act unconstitutional, that the part of the judgment entered on June 9 staying the writ of restitution be also expunged.
The defendant answered that, upon the trial of the forcible entry and detainer suit on June 9, 1921, evidence for the...
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...E. 830;People v. Smith, 275 Ill. 210, 113 N. E. 891, L. R. A. 1917B, 1075;Swager v. Gillham, 278 Ill. 295, 116 N. E. 71;People v. LaBuy, 305 Ill. 11, 136 N. E. 870;People v. Shurtleff, 353 Ill. 248, 187 N. E. 271;People v. Kelly, 352 Ill. 567, 186 N. E. 188. The writ of mandamus is not a wr......
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Courtney v. Prystalski, No. 22292.
...Ill. 210, 189 N. E. 291;People v. Shurtleff, 353 Ill. 248, 187 N. E. 271;People v. Kelly, 352 Ill. 567, 186 N. E. 188;People v. La Buy, 305 Ill. 11, 136 N. E. 870. Likewise the rule was established by the cases above cited that [358 Ill. 202]mandamus may not be invoked except where the orde......
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People ex rel. Elmore v. Allman, Nos. 26794
...of error or of certiorari or an appeal. People ex rel. Carlstrom v. Shurtleff, 355 Ill. 210, 189 N.E. 291;People ex rel. Kennon v. La Buy, 305 Ill. 11, 136 N.E. 870. The city of Chicago is operating under an act entitled ‘An Act to regulate the civil service of cities.’ Ill.Rev.Stat.1941, c......
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People ex rel. Clark v. Hurley, Gen. No. 45153
...from its record. People [ex rel. Carlstrom] v. Shurtleff, supra [355 Ill. 210, 189 N.E. 291]; People [ex rel. Kennon] v. La Buy, supra [305 Ill. 11, 136 N.E. 870]; People ex rel. Waver [Waber] v. Wells, 255 Ill. 450, 99 N.E. 606. It is not a writ of right. People ex rel. Beardsley v. City o......
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People ex rel. Carlstrom v. Shurtleff, No. 21708.
...E. 830;People v. Smith, 275 Ill. 210, 113 N. E. 891, L. R. A. 1917B, 1075;Swager v. Gillham, 278 Ill. 295, 116 N. E. 71;People v. LaBuy, 305 Ill. 11, 136 N. E. 870;People v. Shurtleff, 353 Ill. 248, 187 N. E. 271;People v. Kelly, 352 Ill. 567, 186 N. E. 188. The writ of mandamus is not a wr......
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Courtney v. Prystalski, No. 22292.
...Ill. 210, 189 N. E. 291;People v. Shurtleff, 353 Ill. 248, 187 N. E. 271;People v. Kelly, 352 Ill. 567, 186 N. E. 188;People v. La Buy, 305 Ill. 11, 136 N. E. 870. Likewise the rule was established by the cases above cited that [358 Ill. 202]mandamus may not be invoked except where the orde......
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People ex rel. Elmore v. Allman, Nos. 26794
...of error or of certiorari or an appeal. People ex rel. Carlstrom v. Shurtleff, 355 Ill. 210, 189 N.E. 291;People ex rel. Kennon v. La Buy, 305 Ill. 11, 136 N.E. 870. The city of Chicago is operating under an act entitled ‘An Act to regulate the civil service of cities.’ Ill.Rev.Stat.1941, c......
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People ex rel. Clark v. Hurley, Gen. No. 45153
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