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PEOPLE EX REL. ELLIOTT v. BENEFIEL

No. 31358.

405 Ill. 500 (1950)

91 N.E.2d 427

THE PEOPLE ex rel. IVAN A. ELLIOTT, Attorney General, Appellee, v. PHILIP B. BENEFIEL, Appellant.

Supreme Court of Illinois.

Opinion filed March 22, 1950.

Attorney(s) appearing for the Case

R.M. SHAW, LACKEY & LACKEY, McGAUGHEY & McGAUGHEY, PHILIP H. LEWIS, WALKER J. HENRY, and PHILIP B. BENEFIEL, pro se, all of Lawrenceville, for appellant.

IVAN A. ELLIOTT, Attorney General, of Springfield, (WAYNE R. COOK, and CHARLES H. EVANS, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE DAILY delivered the opinion of the court:

This is an appeal from a judgment of ouster entered by the circuit court of Lawrence County in a quo warranto proceeding instituted by the Attorney General to test the right of appellant, Philip B. Benefiel, to hold the office of State's Attorney for that county. Since a construction of our State constitution is involved, the appeal comes directly to this court.

The...

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