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240 Ill. 610

Peacock v. Thompson

Illinois Supreme Court

Decided June 16, 1909

Illinois Supreme Court · decided 1909-06-16

<p>This case is controlled by the decisions in People v. Strassheim, (ante, p. 279,) and Rouse v. Thompson, 228 Ill. 522.</p>

Relies on Rouse v. Thompson

Decided 1909-06-16

Per Curiam :

¶1This is an appeal from a decree of the circuit court of Cook county sustaining a general demurrer to and dismissing the bill of appellant. The bill was filed by appellant, as a tax-payer of Cook county, to secure an injunction against appellee Thompson, as county treasurer of said'county, restraining him from paying money out of the treasury to various persons who had acted ras judges and clerks at the primary election held August 8, 1908. The ground alleged in the bill upon which the injunction was sought was that the Primary Election law of 1908 was unconstitutional and void.

¶2Two individuals filed an intervening petition, setting up that they had acted as judge and clerk, respectively, at the primary election held August 8, 1908, that they had not been paid for their services, and asking to be made parties defendant to the bill. No ruling of the court made on the intervening- petition is presented by the record, and although intervening petitioners have filed a brief, no question raised by them is presented for our review.

¶3The decision of this case is controlled by what is said in People v. Strassheim, (ante, p. 279,) and Rouse v. Thompson, 228 Ill. 522.

¶4The decree is reversed and the cause remanded to the circuit court, with directions to overrule the demurrer.

¶5Reversed and remanded, with directions.

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