Jameson v. the People

• Decision Date: 30 June 1855
• Parties: WILLIAM R. JAMESON et al.v.THE PEOPLE, on the relation of Booth Nettleton.
• Court: Illinois Supreme Court

16 Ill. 257
1855 WL 5406 (Ill.)
63 Am.Dec. 304
6 Peck (IL) 257

WILLIAM R. JAMESON et al.
v.
THE PEOPLE, on the relation of Booth Nettleton.

Supreme Court of Illinois.

June Term, 1855.

THE judgment in this case was rendered by WILKESON, Judge, at June term, 1855, of the Rock Island Circuit Court. The statement of the case will be found in the opinion of the court.

W. C. GOUDY, for Plaintiffs in Error.J. H. STEWART, for the Relator.

SKINNER, J.

This was a quo warranto in the name and on behalf of The People of the State of Illinois, on relation of Booth Nettleton against Jameson and others.

[16 Ill. 258]

The information alleges that defendants below, as president and trustees of the town of Oquawka, are exercising the powers and franchises of a corporation without authority, and seeks to raise the question of the existence of such corporation.

The defendants below interposed several pleas, the first of which alleges substantially: in manner provided by the first division of chapter twenty-five of the Revised Statutes; the creation of the corporation in April, 1851, except that the vote upon the question of becoming a corporation under the statute, and upon the election of the board of trustees, was taken by ballot instead of viva voce.

The first plea alleges the election of the present board of trustees in 1854; the election of trustees from year to year after April, 1851, and the appointment by them of officers of the corporation, from time to time; that the corporation, from April, 1851, up to the filing of the information, and for more than four years, was recognized as a public municipal corporation, and exercised the franchises and powers conferred upon such corporations by law; passed and enforced ordinances; levied and collected taxes; brought and defended suits; made contracts and incurred liabilities, and provided for and regulated the police of the said town of Oquawka; that the legislature of this State has twice recognized the existence of such corporation; that said legislature, by an act entitled, “An Act to authorize the town of Oquawka to subscribe to the capital stock of certain corporations therein named,” approved 21st June, 1852, and by an act of the same title, approved February 8th, 1855, recognized the existence of the said corporation.

The plaintiffs below demurred to the defendants' pleas, and the court sustained the demurrer. If any one of the pleas is a good answer to the information, the judgment of the circuit court should be reversed.

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