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People ex Rel. Faulstich, v. McBrien

Appellate Court of Illinois
Nov 3, 1941
311 Ill. App. 653 (Ill. App. Ct. 1941)

Opinion

Gen. No. 9,258. (Abstract of Decision.)

Opinion filed November 3, 1941

MUNICIPAL CORPORATIONS, § 316.1right of council to appoint city employees. Ordinance empowering city council to select all regular municipal employees was valid and was not controlled by decisions and statute giving mayor right to appoint city officers, as another statute conferred on council power to control finances and property of city, and power to appoint employees to carry out such duties would be inferred therefrom unless delegated to the mayor by ordinance; and consequently court properly ordered mayor to discharge incumbent electrician and instate one engaged by council (Ill. Rev. Stat. 1939, ch. 24, §§ 65, 86; Jones Ill. Stats. Ann. 21.065, 21.177).

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Macoupin county; Hon. VICTOR HEMPHILL, presiding.

Judgment affirmed. Heard in this court at October term, 1940.

L.M. Harlan and Jesse Peebles, for appellant;

James H. Murphy, for appellee.


"Not to be published in full." Opinion filed November 3, 1941.


Summaries of

People ex Rel. Faulstich, v. McBrien

Appellate Court of Illinois
Nov 3, 1941
311 Ill. App. 653 (Ill. App. Ct. 1941)
Case details for

People ex Rel. Faulstich, v. McBrien

Case Details

Full title:People ex rel. John Faulstich, Appellee, v. William B. McBrien, Mayor of…

Court:Appellate Court of Illinois

Date published: Nov 3, 1941

Citations

311 Ill. App. 653 (Ill. App. Ct. 1941)
37 N.E.2d 576

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