People ex rel. Misner v. Hanker
| Decision Date | 19 June 1902 |
| Citation | 197 Ill. 409,64 N.E. 253 |
| Parties | PEOPLE ex rel. MISNER v. HANKER et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to circuit court, Cumberland county; Frank K. Dunn, Judge.
Quo warranto by the people, on the relation of Smith Misner, to test the right of Charles Hanker and others to act as trustees of the village of Prairie City. From a judgment vacating an order granting leave to file an information, relator brings error. Affirmed.W. H. McDonald and Brewer, Logan & Greathouse, for plaintiff in error.
Lyle Decius, for defendants in error.
This writ of error was sued out to reverse a judgment of the circuit court of Cumberland county vacating an order made in vacation by one of the judges of that court granting leave to the relator to file an information in the nature of a quo warranto. The court also quashed the information and writ in said cause. It was agreed on behalf of the parties to the cause that the motion to vacate said order granting leave should be heard and determined as if it were an original petition and motion by the relator for leave to file the information.
The information was filed to oust the respondents, as trustees of the village of Toledo, in Cumberland county, on the ground that the statute for the incorporation of cities and villages had not been complied with in incorporating the town of Prairie City in 1866, and in changing said town of Prairie City to the village of Toledo in 1881. In other words, the contention of the relator was that the village of Toledo, of which village the respondents were the acting trustees, had never been legally incorporated. We think of the alleged defects in upon a discussion of the alleged defects in the proceedings for incorporation, and for the change of the original town, and its successor, the village of Prairie City, to the present village of Toledo, for the reason it sufficiently appears that the court properly refused leave to file because of the long delay of the relator before making his application, and because of his acquiescence in the organization and acts of the village of which he was an inhabitant; the delay having been for a period of upwards of 20 years. It appeared that the village had exercised, without question, the powers and functions of a municipal corporation for a period of 20 years; had levied and collected taxes, improved its streets, acquired public property, and made provision for lighting the city and for the establishment of a system of...
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