TULLY v. STATE

No. 71152.

574 N.E.2d 659 (1991)

143 Ill.2d 425

158 Ill.Dec. 546

John P. TULLY, Appellant, v. The STATE of Illinois et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied June 27, 1991.


Attorney(s) appearing for the Case

Rieck & Crotty, Chicago (Richard J. Sorman, Jerome F. Crotty, Thomas M. Cannon and Kevin P. Brown, of counsel), for appellant.

Neil F. Hartigan, Atty. Gen., Springfield (James P. Nally, Special Asst. Atty. Gen., Chicago, of counsel), for appellees State of Illinois et al.

Jones, Ware & Grenard, Chicago (Mark E. Jones, and Anthony C. Swanagan, of counsel), for appellee William S. White.

J. Timothy Eaton, Shelley Rice Weinberg, Chicago, for amicus curiae Appellate Lawyers Association.


Justice BILANDIC delivered the opinion of the court:

John P. Tully, plaintiff, and William Sylvester White, defendant, claim the same seat on the First District of the Illinois Appellate Court. Each claim is based on the results of the general election held on November 6, 1990. Tully asserts that he was duly elected to occupy that seat. White contends that he was duly retained to occupy the same seat. The trial court held that the automatic retirement...

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