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44 Ill. 113

Liness v. Hesing

Illinois Supreme Court

Decided April 15, 1867

Illinois Supreme Court · decided 1867-04-15

Writ of Error to the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a suit commenced before a justice of the peace in Cook county, by Joseph Liness against Anthony C. Hesing. The cause was removed into the Circuit Court by appeal, where a trial resulted in a judgment in favor of Hesing. Liness thereupon sued out this writ of error.

Good law ✅— No negative treatment on recordhow we know

Decided 1867-04-15

How this case has been cited

Cited by 8 later decisions — most recently April 1925

8 state decisions

401867187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Lawrence

¶1delivered the opinion of the Court:

¶2Liness being desirous of procuring the office of clerk of the police court in the city of Chicago, sent to Hesing the following letter:

“A. C. Hesing, Esq., Chicago, April 7, 1865.
“ Present — (Private.)
“ Dear Sir : Inclosed please find twenty dollars, for which please use your influence to get me nominated for police court clerk; if I get the nomination, call on me for twenty more.
“ I am, sir, very truly yours,
“JOSEPH LINESS ”

¶3Hesing used his influence not for Liness hut against him, whereupon the latter brings this action to recover the twenty dollars. The object of sending this money was to secure the nomination and election of the plaintiff to a public oflice of trust and responsibility without reference to his fitness for the position or the public good. It was an. attempt to influence, by monied considerations, the action of the defendant, in a matter where every person should be governed solely by a regard for the public welfare. The principle is well settled that courts will lend no sanction to transactions of this character, by recognizing them as the basis of legal obligations. Ex turpi causa non oritur actio. We must leave these parties as we find them.

¶4Judgment affirmed.

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