Darst v. People

Illinois Supreme Court

Darst v. People

62 Ill. 306

CourtIllinois Supreme Court

DecidedSeptember 15, 1871

StatusPublished

Cited by16 cases

This text of 62 Ill. 306 (Darst v. People) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Darst v. People, 62 Ill. 306 (Ill. 1871).

Pincite

Opinion

Mr. Justice Thornton

delivered the opinion of the Court:

Appellants were fined for contempt of court for refusing to obey a writ of injunction commanding them, as public officers, not to hold an election.

The case is identical, in the facts, with the case of Walton et al. v. Develing et al., 61 Ill. 201. The principles and reasoning in that case apply to this.

The writ of injunction was void, and a party can not disobey a void writ.

The judgment is reversed and the cause remanded.

Judgment reversed.

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Mr. Justice Thornton

delivered the opinion of the Court:

Appellants were fined for contempt of court for refusing to obey a writ of injunction commanding them, as public officers, not to hold an election.

The case is identical, in the facts, with the case of Walton et al. v. Develing et al., 61 Ill. 201. The principles and reasoning in that case apply to this.

The writ of injunction was void, and a party can not disobey a void writ.

The judgment is reversed and the cause remanded.

Judgment reversed.

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Bluebook (online)

62 Ill. 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darst-v-people-ill-1871.

Opinion

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