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People ex rel. Sullivan v. Hake

The People ex rel. John Sullivan v. Samuel S. Hake, Mayor, etc.

People ex rel. Sullivan v. Hake, 81 Ill. 540 (1876)
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Court
Illinois Supreme Court · State Highest Courts
Decided
January 15, 1876
Citations
81 Ill. 540
Syllabus
Mandamus-—to do act enjoined. Where it appears that a party is enjoined from, doing the same thing that it is then sought to compel him to do, hy mandamus, and the adjudication in the injunction suit is pending before this court, a mandamus will be refused.
Summary
This is a petition under chapter 87 of the R. S. 1874, praying a mandamus against Hake, as mayor of East St. Louis, and the clerk, to compel them to issue and deliver to the relator a certain certificate for $210, payable out of a special appropriation of $1000, made hy the city for its health department, for the year 1876.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam: It appears by the record in this case that the respondent is enjoined in another proceeding from doing precisely the same thing that it is here sought to compel him to do by mandarmis, and that such proceeding is now pending for hearing at the next term in the southern division. The adjudication in that case will settle the question attempted to he raised in this, Rnd, on the principle announced in People ex rel. etc. v. Warfield, 20 Ill. 159 , and People ex rel. v. Wiant, 48 id. 263 , memdamus will not he awarded.

Mandamus refused.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 11945: 118962026peak 1896 · 1

Relies on it most ⓘ

  1. People ex rel. Ammann v. Dipper63 N.E.2d 870 (Ill. 1945)
  2. Wilmarth v. Ritschlag68 N.W. 312 (S.D. 1896)

Most recent

  1. People ex rel. Ammann v. Dipper63 N.E.2d 870 (Ill. 1945)
  2. Wilmarth v. Ritschlag68 N.W. 312 (S.D. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People ex rel. Mitchell v. Warfield, 20 Ill. 159 (1858) 22

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