{
  "id": 1595904,
  "name": "People of the State of Illinois, ex rel. Glen E. Totten, Plaintiff-Appellant, v. Honorable Paul Powell, Secretary of State of Illinois, Defendant-Appellee",
  "name_abbreviation": "People ex rel. Totten v. Powell",
  "decision_date": "1969-03-14",
  "docket_number": "Gen. No. 69-27",
  "first_page": "53",
  "last_page": "55",
  "citations": [
    {
      "type": "official",
      "cite": "108 Ill. App. 2d 53"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 206,
    "char_count": 2893,
    "ocr_confidence": 0.579,
    "sha256": "d476384555b7393d5b8ef32d511b2c8f62d74a345b723d2438eabc626b69b881",
    "simhash": "1:49d4a4cdf2c38bd5",
    "word_count": 485
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  "last_updated": "2023-07-14T18:14:53.517701+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "People of the State of Illinois, ex rel. Glen E. Totten, Plaintiff-Appellant, v. Honorable Paul Powell, Secretary of State of Illinois, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "PER CURIAM:\nPetitioner, Glen E. Totten, an inmate of the Illinois State Reformatory at Pontiac, filed, pro se, a petition for writ of mandamus directing Honorable Paul Powell, Secretary of State, to furnish him with certain documents allegedly on file in his office. Upon motion of the State\u2019s Attorney of Wayne County, the circuit court dismissed the petition on the ground that it was without jurisdiction to adjudicate the matter.\nPetitioner appealed to the Supreme Court and filed a brief, pro se, arguing a number of constitutional issues. The Supreme Court, on its own motion, on the ground that the circuit court had not ruled on any constitutional question, transferred the cause to this court.\nUpon examination of the record this court holds that petitioner is a \u201cpoor person\u201d within the contemplation of chapter 33, section 5, Ill Rev Stats 1967, and may proceed without payment of costs. Petitioner has not requested assignment of counsel, and at this stage of the proceedings, assignment of counsel does not appear to be necessary.\nThe record does not reflect that summons was requested or issued, nor that service was had upon the defendant, Secretary of State, and it cannot be ascertained whether the State\u2019s Attorney appeared solely in that capacity, or as counsel designated to act for the defendant.\nIn any event, the circuit court erred in holding that it was without jurisdiction. Under the provisions of article VI, section 9 of the Constitution of Illinois, the court has jurisdiction.\nThe matter of venue presents an entirely different question. The Civil Practice Act (c 110, Ill Rev Stats) applies to actions in mandamus. C 87, \u00a7 11, Ill Rev Stats 1967. Venue lies in the county of which the defendant is a resident (c 110, \u00a7 5, Ill Rev Stats) and article V, section 1 of the Constitution provides that the Secretary of State shall reside \u201cat the seat of government\u201d which is in Springfield, in Sangamon County. C 123, \u00a7 1, Ill Rev Stats 1967.\nAs to whether the defendant, after proper service of summons, will elect to effect a change of venue under the provisions of section 8 of the Civil Practice Act does not concern us at this time, nor need we speculate as to the merits of petitioner\u2019s action. The sole question before us now, is whether the circuit court was without jurisdiction to hear the case.\nFor the reasons set forth, the judgment of dismissal is reversed and the cause remanded to the Circuit Court of Wayne County with directions to vacate the order of dismissal, and for further proceedings consistent with this opinion.\nJudgment reversed and cause remanded with directions.",
        "type": "majority",
        "author": "PER CURIAM:"
      }
    ],
    "attorneys": [
      "Glen E. Totten, pro se, of Pontiac, appellant.",
      "No brief for appellee."
    ],
    "corrections": "",
    "head_matter": "People of the State of Illinois, ex rel. Glen E. Totten, Plaintiff-Appellant, v. Honorable Paul Powell, Secretary of State of Illinois, Defendant-Appellee.\nGen. No. 69-27.\nFifth District.\nMarch 14, 1969.\nGlen E. Totten, pro se, of Pontiac, appellant.\nNo brief for appellee."
  },
  "file_name": "0053-01",
  "first_page_order": 59,
  "last_page_order": 61
}