People ex rel. Lord v. Bruennemer
| Court | Supreme Court of Illinois |
| Writing for the Court | CARTWRIGHT |
| Citation | 48 N.E. 43,168 Ill. 482 |
| Parties | PEOPLE ex rel. LORD v. BRUENNEMER et al. |
| Decision Date | 01 November 1897 |
168 Ill. 482
48 N.E. 43
PEOPLE ex rel. LORD
v.
BRUENNEMER et al.
Supreme Court of Illinois.
Nov. 1, 1897.
Appeal from circuit court, Kankakee county; C. R. Starr, Judge.
Quo warranto by the people, on the relation of Alexander Lord, against William F. Bruennemer, Emery Souligne, John Moroff, Louis Clark, and B. S. Ford. From an order dismissing the information, relator appeals. Motion to dismiss appeal denied. Reversed.
[168 Ill. 482]H. L. Richardson, Sp. State's Atty., W. H. Savary, W. R. Hunter, and Granger & Davidson, for appellant.
[168 Ill. 484]CARTWRIGHT, J.
This suit was begun by information in the nature of quo warranto against appellees, to test their right to exercise corporate privileges as a township board of education.[168 Ill. 485]Appellees pleaded to the information, and, issues being made and tried before the court, the information was dismissed, at the cost of the relator. A motion by appellees to dismiss the appeal was taken with the case, and will be first disposed of. The grounds of the motion are that the proceeding is of a criminal nature, and the people can have no appeal, since such action would place the defendants twice in jeopardy, and that, if the judgment can be appealed from, an appeal can only be taken to the appellate court. The action of quo warranto is a purely civil one (People v. Shaw, 13 Ill. 581;Ensminger v. People, 47 Ill. 384;People v. Boyd, 132 Ill. 60, 23 N. E. 342; High, Extr. Rem. § 603); and it is so declared by the statute, which also gives the right of appeal in express terms (Rev. St. 1893, c. 112, § 7). This answers the argument on the first ground of the motion.
When an election results in favor of establishing a township high school, and a board of education is elected, the statute provides as follows: ‘For the purpose of building a school house, supporting the school and paying other necessary expenses, the township shall be regarded as a school district, and the township board of education shall have the power and discharge the duties of directors for such district in all respects.’ Rev. St. c. 122, art. 3, § 41. The information in this action charged that there was no valid election and no valid organization of the township as a school district for said purposes, so that no legal corporate entity was created. The purpose of the suit is to determine whether the district was legally organized, and, if not organized, the assumed board of education has no existence. The alleged franchise to be a school district for high school purposes is challenged and involved, and the appellate court could have no jurisdiction. People v. O'Hair, 128 Ill. 20, 21 N. E. 211. In questioning the organization, the proceeding was properly brought against the defendants who assumed to exercise the corporate powers of the alleged corporation. [168 Ill. 486]People v. City of...
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People ex rel. Davis v. Nellis
...people were not bound to show anything. The appellant was required either to disclaim, or justify by showing title. People v. Bruennemer, 168 Ill. 482, 48 N. E. 43;Place v. People, 192 Ill. 160, 61 N. E. 354;Carrico v. People, 123 Ill. 198, 14 N. E. 66. He attempted to justify, and the only......
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People ex rel. Groff v. Bd. of Educ. of Crossville Cmty. High Sch. Dist. No. 120, No. 27144.
...has been legally organized involves a franchise, and this court has jurisdiction upon direct appeal. People ex rel. Lord v. Bruennemer, 168 Ill. 482, 48 N.E. 43. A franchise is involved in quo warranto proceedings against officers of a municipal corporation where the controversy pertains to......
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People ex rel. Healy v. Heidelberg Garden Co.
...v. People, 15 Ill. 213;Carrico v. People, 123 Ill. 198, 14 N. E. 66;Catlett v. People, 151 Ill. 16, 37 N. E. 855;People v. Bruennemer, 168 Ill. 482, 48 N. E. 43;Place v. People, 192 Ill. 160, 61 N. E. 354. Although the information is somewhat [233 Ill. 294]informally drawn, we do not think ......
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Armstrong v. State ex rel. Fain, Co., Case Number: 2418
...Draper, 15 N.Y. 532; People v. Carpenter, 24 N.Y. 86; People v. Board of Education, 101 Ill. 308, 40 Am. Rep. 196; People v. Bruennemer, 168 Ill. 482, 48 N.E. 43; State v. Uridil, 37 Neb. 371, 55 N.W. 1072; State v. Parker, 25 Minn. 215; State v. Job, 205 Mo. 1, 103 S.W. 493; State v. Cin. ......
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People ex rel. Davis v. Nellis
...people were not bound to show anything. The appellant was required either to disclaim, or justify by showing title. People v. Bruennemer, 168 Ill. 482, 48 N. E. 43;Place v. People, 192 Ill. 160, 61 N. E. 354;Carrico v. People, 123 Ill. 198, 14 N. E. 66. He attempted to justify, and the only......
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People ex rel. Groff v. Bd. of Educ. of Crossville Cmty. High Sch. Dist. No. 120, 27144.
...has been legally organized involves a franchise, and this court has jurisdiction upon direct appeal. People ex rel. Lord v. Bruennemer, 168 Ill. 482, 48 N.E. 43. A franchise is involved in quo warranto proceedings against officers of a municipal corporation where the controversy pertains to......
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People ex rel. Healy v. Heidelberg Garden Co.
...v. People, 15 Ill. 213;Carrico v. People, 123 Ill. 198, 14 N. E. 66;Catlett v. People, 151 Ill. 16, 37 N. E. 855;People v. Bruennemer, 168 Ill. 482, 48 N. E. 43;Place v. People, 192 Ill. 160, 61 N. E. 354. Although the information is somewhat [233 Ill. 294]informally drawn, we do not think ......
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Armstrong v. State ex rel. Fain, Co., Case Number: 2418
...Draper, 15 N.Y. 532; People v. Carpenter, 24 N.Y. 86; People v. Board of Education, 101 Ill. 308, 40 Am. Rep. 196; People v. Bruennemer, 168 Ill. 482, 48 N.E. 43; State v. Uridil, 37 Neb. 371, 55 N.W. 1072; State v. Parker, 25 Minn. 215; State v. Job, 205 Mo. 1, 103 S.W. 493; State v. Cin. ......