People ex rel. City Council of Chicago v. Bd. of Educ. of City of Chicago

• Decision Date: 24 October 1916
• Docket Number: No. 10822.,10822.
• Citation: 275 Ill. 195,113 N.E. 965
• Parties: PEOPLE ex rel. CITY COUNCIL OF CHICAGO v. BOARD OF EDUCATION OF CITY OF CHICAGO.
• Court: Illinois Supreme Court

275 Ill. 195

113 N.E. 965

PEOPLE ex rel. CITY COUNCIL OF CHICAGO

v.BOARD OF EDUCATION OF CITY OF CHICAGO.

No. 10822.

Supreme Court of Illinois.

Oct 24, 1916.

Appeal from Appellate Court, First District, on Appeal from Circuit Court, Cook County; Charles M. Walker, Judge.

Petition for mandamus by the People, on the relation of the City Council of Chicago, against the Board of Education of the City of Chicago. From a judgment of the Appellate Court, reversing a judgment of the circuit court, sustaining a demurrer to the amended petition, and remanding the cause to the circuit court, with directions to overrule the demurrer and for further proceedings, and upon a certificate of importance, petitioners appeal. Appeal dismissed.Angus Roy Shannon, of Chicago (Chauncey M. Millar and John E. Foster, both of Chicago, of counsel), for appellant.

Donald R. Richberg, of Chicago, for appellee.

CRAIG, C. J.

Appellee, the city council of the city of Chicago, filed its petition for mandamus in the circuit court of Cook county to compel appellant, the board of education of the city of Chicago, to allow appellee, or its duly authorized committeeor subcommittee, or its employés, full and complete access to all books, showing the receipt and expenditure of money by such board of education. The petition is voluminous, and sets forth in detail various provisions of the charters of the city of Chicago, and several resolutions adopted by the city council of the city of Chicago and by the board of education of such city with respect to the matters in controversy. A general demurrer was filed to the petition, and sustained by the lower court. The petition was then amended, and a demurrer was sustained to the amended petition. Appellee elected to abide by its petition, and the same was dismissed by the court. It then prosecuted its appeal to the Appellate Court for the First District, which reversed the judgment of the lower court and remanded the cause to the circuit court, with directions to overrule the demurrer to the amended petition and for further proceedings not inconsistent with the opinion. On the application of appellant a certificate of importance was granted, and this appeal was allowed and perfected to this court.

The question first arises as to whether or not the judgment of the Appellate Court which has been appealed from is such a final judgment as can be reviewed by this court on appeal or writ of certiorari. The statute providing for review of the judgments, orders, and decrees of the Appellate Court by the Supreme Court contemplates that only final judgments, orders, or decrees of the Appellate Court shall be reviewed by this court. Riley v. Lamson, 253 Ill. 258, 97 N. E. 417. By this is meant such a judgment, order, or decree as finally disposes of the merits of the case in such manner that no further proceedings can be had in the lower court except to carry into effect the mandate of the Appellate Court. Amberg v. Bartlett, 190 Ill. 15, 60 N. E. 84;Knapp, Stout & Co. v. Ross, 181 Ill. 392, 55 N. E. 127;Bingham v. Isham, 227 Ill. 634, 81 N. E. 690;People v. Brown, 272 Ill. 146, 111 N. E. 557.

Where the judgment is reversed and the cause is remanded generally or for further proceedings in the lower court in accordance with the views expressed in the opinion of the Appellate Court, and the cause is left in such shape that new issues may be formed in the lower court and a new trial had on such issues, the...