# Freudenstein v. McNier

> Illinois Supreme Court · January 15, 1876 · 81 Ill. 208

URL: https://www.frixlaw.com/law-library/cases/6958788

## Case

- **Full name:** Louis Freudenstein v. Calvin D. McNier
- **Court:** Illinois Supreme Court
- **Decided:** January 15, 1876
- **Citations:** 81 Ill. 208
- **Precedential status:** Published
- **Opinion:** Concurrence by Dickey
- **Judges:** Craig, Dickey, Scott
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6958788

## Opinion text

Mr. Justice Dickey: While I concur in the judgment, it is my opinion that the rule that illness can not excuse the nonperformance of an official act enjoined, is laid down too broadly in this opinion, and needs qualification. In my view of the law, it will not do to hold that no illness, however extreme, can excuse an officer for any such omission. The law does not require the performance of impossible acts.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6958788. Public record. Not legal advice.