People ex rel. Naftzger v. Arnett

• Decision Date: 18 June 1925
• Docket Number: No. 16681.,16681.
• Citation: 317 Ill. 425,148 N.E. 306
• Court: Illinois Supreme Court
• Parties: PEOPLE ex rel. NAFTZGER v. ARNETT et al.

317 Ill. 425

148 N.E. 306

PEOPLE ex rel. NAFTZGER

v.ARNETT et al.

No. 16681.

Supreme Court of Illinois.

June 18, 1925.

Petition by the People, on the relation of I. G. Naftzger, for leave to file an information on quo warranto against Board of Education of Community High School District No. 303, in Whiteside County, was granted, but on motion of Edwin Arnett and others vacated, and petition dismissed. Petitioner appeals.

Affirmed.

Appeal from Circuit Court, Whiteside County; Charles J. Searle, judge.

Robert W. Besse, State's Atty., of Sterling (A. M. Blodgett, of Fulton, of counsel), for appellant.

Earl L. Scott, of Rock Island, and Jacob Cantlin, of Rock Falls, for appellees.

STONE, J.

On December 24, 1924, appellant, by Robert W. Besse, state's attorney, filed a petition in the circuit court of Whiteside county for leave to file an information in the nature of quo warranto against the boare of education of community high school district No. 303 in that county, alleging that the district is irregular in shape, is not compact and contiguous, as required by law, and that the school is maintained at Erie, in said district, which is not the community center thereof; that the district was organized March 20, 1920, and from that time has conducted a high school and levied taxes, but has not issued bonds. An order was entered allowing the filing of the information, and, on January 5, the appellees filed a motion to vacate that order, and to dismiss the petition. On a hearing this motion was granted, and the petition was dismissed. Appellant brings the cause here for review.

[1] Appellant has filed no bill of exceptions with the record. The common-law record, only, has been filed. An examination of the record discloses that the clerk of the trial court has copied into the common-law record the motion of appellees to set aside the order permitting the filing of the information, and to dismiss the petition therefor, together with the affidavits filed in support thereof. No certificate of the trial judge appears in connection therewith. It has been many times held by this court that motions of this character made by the parties in a proceeding at law, and the rulings of the court thereon, are not parts of the common-law record, but must be preserved by bill of exceptions. People v. Levin, 313 Ill. 588, 145 N. E. 75;People v. Glasgow, 301 Ill. 394, 134 N. E. 19;People v. Weston, 236 Ill. 104, 86 N. E. 188.

The errors assigned on the record are that the court erred in entering judgment denying relator the relief prayed; in entering judgment for costs against the relator; in setting aside the order granting leave to file the information in quo warranto; in dismissing the petition for leave to file an information in quo warranto; and in allowing the motion of defendants to set aside the order granting leave.

[2] Assignments of error on the rulings of the trial court on motions to set aside an order granting leave to file an information in quo warranto and to dismiss the petition cannot be considered by this court, where they are not preserved by a bill of exceptions or a stenographic report signed by the trial judge. People v. Fling, 303 Ill. 215, 135 N. E. 415; People v. Glasgow, supra; People v. Ritscher, 301 Ill. 40, 133 N. E. 666;People v. Cowen, 283 Ill. 308, ...