{ "id": 5270151, "name": "Joseph M. Figueira, Appellant, vs. Otho L. Caldwell, Appellee", "name_abbreviation": "Figueira v. Caldwell", "decision_date": "1931-12-17", "docket_number": "No. 21078", "first_page": "199", "last_page": "202", "citations": [ { "type": "official", "cite": "347 Ill. 199" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "344 Ill. 483", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5258591 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ill/344/0483-01" ] } ], "analysis": { "cardinality": 251, "char_count": 4293, "ocr_confidence": 0.77, "pagerank": { "raw": 6.087085966315723e-08, "percentile": 0.37765174726402967 }, "sha256": "fe58f65a81dacdec1fd3019e716392494c7f66c9b72c91b87b2ff6d2bc7e12bf", "simhash": "1:704b34f440265c26", "word_count": 702 }, "last_updated": "2023-07-14T17:53:03.582961+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Joseph M. Figueira, Appellant, vs. Otho L. Caldwell, Appellee." ], "opinions": [ { "text": "Mr. Justice Heard\ndelivered the opinion of the court:\nAt an election held for commissioners in the city of Springfield on Tuesday, April 7, 1931, appellant, Joseph M. Figueira, appellee, Otho L. Caldwell, and six others, were candidates for the office of commissioner. After the result had been proclaimed by the judges and clerks of the election in their respective precincts and canvassed by the canvassing board of the city it was declared by the canvassing board and entered of record by the county court of Sangamon county that Caldwell and three others had been elected commissioners and that Figueira and three others had been defeated. Within thirty days after this result had been declared and entered of record Figueira filed his petition in the county court of Sangamon county to contest the election, as provided by statute, making Caldwell and the six other candidates parties defendant. All of the defendants were defaulted except Caldwell, who filed a motion to strike the petition on the ground that it was not properly verified. The motion was overruled. Thereafter he filed a general and special demurrer, which was overruled. Appellant, by leave of court, then amended his petition by striking portions thereof, the verification being the same as to the original petition. Appellee\u2019s demurrer to the original petition was carried forward to the petition as amended and overruled, whereupon he filed an answer denying the facts stated in the petition which tended to show appellant\u2019s election. A hearing was had on the merits and a final order entered by the court finding that Caldwell had been elected commissioner and that Figueira had been defeated, from which order this appeal was taken.\nIn this court a motion made by appellee to dismiss appellant\u2019s appeal was taken with the case. The basis of the motion was that appellant\u2019s petition to contest the election filed in the county court was not properly verified and was not sufficient to give that court jurisdiction. The verification was as follows:\n\u201cState of Illinois, / County of Sangamon. )\n\u201cJoseph M. Figueira, being first duly sworn, upon his oath deposes and states that he is the petitioner in the petition herein as amended by the within and foregoing amendments; that he has read said petition as so amended and is familiar with all the matters and things therein contained; that the matters and things therein contained are true in substance and in fact as he is informed and verily believes. Further than this affiant saith not.\nJoseph M. Figueika, Affiant.\n\u201cSubscribed and sworn to before me this 28th day of April, .A- T~) jqo j\nAnna M. Stelte, Notary Public.\u201d\nAll the facts stated in the petition, including allegations necessarily within the knowledge of the petitioner, were stated to be \u201ctrue in substance and in fact as he is informed and verily believes.\u201d This verification was solely on information and belief. In Girhard v. Yost, 344 Ill. 483, it was held that a petition to contest an election is not sufficiently verified where all the facts mentioned in the petition, including allegations necessarily within the knowledge of the petitioner, are stated to be true in the petitioner\u2019s affidavit \u201cto the best of his knowledge, information and belief,\u201d and such verification, being solely on information and belief, was not sufficient to give the court jurisdiction,- and the court there said: \u201cThe verification of the petition to contest the election of appellant was not sufficient to give the court jurisdiction and the motion to dismiss the petition should have been sustained.\u201d The holding in Girhard v. Yost, supra, is conclusive as to the jurisdiction in this case.\nAn election contest being a purely statutory proceeding and the petition not being sufficient to give the county court jurisdiction, it will not be necessary to decide any of the other questions raised by appellant.\nThe appeal will be dismissed.\n, Appeal dismissed.", "type": "majority", "author": "Mr. Justice Heard" } ], "attorneys": [ "Doyle, Sampson & Gieein, Alered F. Newkirk, and G. Evan Howell, (W. Edgar Sampson, and C. Terry Lindner, of counsel,) for appellant.", "John M. Peeieer, and Stone, McLaren & Webb, (L. E. Stone, of counsel,) for appellee." ], "corrections": "", "head_matter": "(No. 21078.\nJoseph M. Figueira, Appellant, vs. Otho L. Caldwell, Appellee.\nOpinion filed December 17, 1931\n\u2014 Rehearing denied Feb. 5, 1932\nDoyle, Sampson & Gieein, Alered F. Newkirk, and G. Evan Howell, (W. Edgar Sampson, and C. Terry Lindner, of counsel,) for appellant.\nJohn M. Peeieer, and Stone, McLaren & Webb, (L. E. Stone, of counsel,) for appellee." }, "file_name": "0199-01", "first_page_order": 199, "last_page_order": 202 }