People Ex Rel. Knight v. Holzman

Appellate Court of Illinois

People Ex Rel. Knight v. Holzman

240 N.E.2d 390, 98 Ill. App. 2d 126, 1968 Ill. App. LEXIS 1277

CourtAppellate Court of Illinois

DecidedAugust 14, 1968

DocketGen. 51,141

StatusPublished

Cited by5 cases

This text of 240 N.E.2d 390 (People Ex Rel. Knight v. Holzman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People Ex Rel. Knight v. Holzman, 240 N.E.2d 390, 98 Ill. App. 2d 126, 1968 Ill. App. LEXIS 1277 (Ill. Ct. App. 1968).

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Opinion

MR. JUSTICE ENGLISH

delivered the opinion of the court.

Relators instituted this action on March 15, 1965, for a Writ of Mandamus to compel the Cook County Board of Election Commissioners to place the names of the relators on the ballot as candidates for various Village offices in an election to be held on April 20, 1965, in the Village of Lyons, Cook County, Illinois. Nominating petitions filed by the relators were objected to on the grounds that there were two few valid signatures and that since three candidates did not correctly designate the office for which they were running and a fourth did not give his proper address, they did not contain a complete list of candidates for all offices. After a hearing, the objections were sustained by the Board of Election Commissioners and the names of the relators were denied a place on the ballot.

On April 8, 1965, the Circuit Court denied the petition for a Writ of Mandamus. Notice of appeal from that order to the Illinois Supreme Court was filed on April 12, 1965. The election was held on April 20. Thereafter, the appeal was docketed in the Supreme Court, and subsequently the cause was transferred to this court.

We find ourselves helpless to proceed because the purpose of relators’ petition cannot possibly be accomplished. When the election took place, the case became moot. Sokolowski v. Board of Election Com’rs of City of Chicago, 89 Ill App2d 60, 232 NE2d 229, and authorities cited therein. This appeal must therefore be and is dismissed.

Appeal dismissed.

McCOEMICK, P. J. and DRUCKER, J., concur.

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MR. JUSTICE ENGLISH

delivered the opinion of the court.

Relators instituted this action on March 15, 1965, for a Writ of Mandamus to compel the Cook County Board of Election Commissioners to place the names of the relators on the ballot as candidates for various Village offices in an election to be held on April 20, 1965, in the Village of Lyons, Cook County, Illinois. Nominating petitions filed by the relators were objected to on the grounds that there were two few valid signatures and that since three candidates did not correctly designate the office for which they were running and a fourth did not give his proper address, they did not contain a complete list of candidates for all offices. After a hearing, the objections were sustained by the Board of Election Commissioners and the names of the relators were denied a place on the ballot.

On April 8, 1965, the Circuit Court denied the petition for a Writ of Mandamus. Notice of appeal from that order to the Illinois Supreme Court was filed on April 12, 1965. The election was held on April 20. Thereafter, the appeal was docketed in the Supreme Court, and subsequently the cause was transferred to this court.

We find ourselves helpless to proceed because the purpose of relators’ petition cannot possibly be accomplished. When the election took place, the case became moot. Sokolowski v. Board of Election Com’rs of City of Chicago, 89 Ill App2d 60, 232 NE2d 229, and authorities cited therein. This appeal must therefore be and is dismissed.

Appeal dismissed.

McCOEMICK, P. J. and DRUCKER, J., concur.

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240 N.E.2d 390, 98 Ill. App. 2d 126, 1968 Ill. App. LEXIS 1277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-knight-v-holzman-illappct-1968.

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