Gallatin County IL Archives Court.....Street, Vs. County Commissioners 1819-31
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 June 4, 2008, 10:39 pm

Source: Reports Of Cases Illinois
Written: 1819-31

December Term 1822, Vandalia.


Joseph M. Street, Plaintiff in Error, v. The County Commissioners of Gallatin 
County, Defendants in Error.

Error to Gallatin.

A peremptory mandamus will issue to a county commissioners' court to compel 
them to restore a clerk, the cause of whose removal is not stated on their 
records.

Opinion of the Court by Justice John Reynolds. This is a mandamus to restore 
Street to the office of clerk of the county commissioners' court of Gallatin 
county. It is proved to this court, that the commissioners have been served 
with said writ and made no return thereto; but the record of the county 
commissioners' court, containing all the matters of fact in relation to the 
case, was produced by said Street, which record this court received for the 
return to the writ, and acted on it accordingly.

As the statute law of this state requires the cause of removal to be stated on 
the records of the court, and there appearing on the record returned here, no 
cause of removal stated, it is considered by this court, that the said county 
commissioners' court had no power to remove said Street and appoint another 
clerk to said court, therefore it is ordered that a peremptory mandamus issue, 
if necessary, to restore said Street to his office.

Additional Comments:
Reports of Cases at Common Law and in Chancery, Argued and Determined in the 
Supreme Court of the State of Illinois, From its First Organization in 1819, 
to the End of December Term, 1831. By Sidney Breese, Counsellor at Law. Second 
Edition, with Additional Notes, By Edwin Beecher. Chicago: Callaghan & 
Company, 1877.

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