Carey v. Elrod

Rehearing denied November 24, 1971. The plaintiff, Bernard Carey, defeated candidate for the office of sheriff of Cook County, brought this action as an elector,
and not as a defeated candidate, under the provisions of section 23-5 et seq. of the Election Code (Ill. Rev. Stat. 1969,
ch. 46, par. 23-5 et seq.), to contest the election of Richard J. Elrod to that office. The circuit court of Cook County,
as a condition of hearing the election contest, ordered the plaintiff to pay to it the sum of $220,642.80, to cover the costs
of the contest and recount, which sum was to be disbursed upon further order of the court. Upon the plaintiff's failure to
deposit this sum, his petition was dismissed and this appeal followed.