People ex rel. Sievert v. Peltier
| Decision Date | 24 October 1916 |
| Docket Number | No. 10362.,10362. |
| Citation | 113 N.E. 856,275 Ill. 217 |
| Parties | PEOPLE ex rel. SIEVERT et al. v. PELTIER et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Iroquois County; Frank L. Hooper, Judge.
Information by the People, in the nature of quo warranto, on the relation of william Sievert and others, against Joseph H. Peltier and others. A judgment of ouster and order for an appeal was set aside on respondents' motion, and from a judgment against relators, they appeal. Affirmed.
Duncan, J., dissenting.J. W. Kern, State's Attorney, of Watseka (Pallissard & Benjamin and Kay, Perrigo & Kay, all of Watseka, of counsel), for appellants.
C. G. Hirschi, of Watseka, for appellees.
On March 4, 1915, the state's attorney of Iroquois county, in the name of the people, and upon the relation of William Sievert and others, by leave of court filed an information in the nature of quo warranto in the circuit court of said county against appellees, requiring them to show by what authority they claimed to exercise the office and franchise of president and board of education of a certain pretended township high school district in Iroquois county. Instead of pleading to the information, appellees entered into a stipulation with the state's attorney by which it was agreed that the cause should be submitted to the court upon a stipulation of facts without formal pleadings.
From the stipulation of facts it appears that on May 23, 1914, an election was held to determine whether certain territory in Iroquois county should be organized into a township high school district, and that at said election 75 male voters and 46 women voted in favor of the proposition and 79 male voters and 30 women voted against the proposition; that in case women were entitled to vote at said election the proposition was carried by 12 votes, in which event said high school district has been established according to law, but in case women were not entitled to vote at said election then the proposition was lost by 4 votes and said district has not been legally organized. Based upon this stipulation of facts, the court on April 26, 1915, rendered a judgment of ouster against appellees, finding them guilty in manner and form as charged in the information. From that judgment appellees prayed an appeal to this court, which was allowed upon filing bond and bill of exceptions within 30 days. Thereafter, on May 5, 1915, appellees moved the court to set aside and vacate the judgment of ouster and order for appeal of April 26, 1915, on the ground that on April 24, 1915, an act had been duly passed and approved, entitled ‘An act to legalize certain elections held since July 1, 1911, under and by virtue of ‘An act to authorize the organization of high school districts,’ approved June 5, 1911, and in force July 1, 1911, and all proceedings taken in pursuance thereof, and to abate certain pending suits.' Laws 1915, p. 630. The motion to set aside and vacate the judgment of ouster and order for appeal was sustained, the judgment of April 26, 1915, was vacated and set aside, and judgment was rendered against the relators for costs. From this judgment the relators have prosecuted this appeal.
No question is raised as to the validity of the act of June 5, 1911. Laws 1911, p. 505. In contending that the curative act of April 24, 1915, is invalid, appell...
To continue reading
Request your trial
-
People ex rel. Fitzgerald v. Stitt
...and that such property was liable to the tax. See, also, on this point, State v. Abraham, supra. This court held in People v. Peltier, 275 Ill. 217, 113 N. E. 856, that a curative act legalizing elections previously held to organize high school districts and abating suits questioning the va......
-
Reich v. McCoy
...rel. Vautrin v. Madison, 280 Ill. 96, 117 N.E. 493;People ex rel. Fitzgerald v. Stitt, 280 Ill. 553, 117 N.E. 784;People ex rel. Sievert v. Peltier, 275 Ill. 217, 113 N.E. 856. However, when the legislature undertakes to create a school district, in order to comply with the constitutional r......
-
People ex rel. Russell v. Graham
...and overruled are People v. Madison, supra; People v. Opie, supra; People v. Militzer, 272 Ill. 387, 112 N. E. 57;People v. Peltier, 275 Ill. 217, 113 N. E. 856;People v. Craft, 282 Ill. 483, 118 N. E. 777;Fisher v. Fay, 288 Ill. 11, 122 N. E. 811.Worley v. Idleman, 285 Ill. 214, 120 N. E. ......
-
People ex rel. Robinson v. New York Cent. R. Co.
...if it deems best for the public interest, without any petition for that purpose and without any vote on the question. In People v. Peltier, 275 Ill. 217, 113 N. E. 856, it was held that the act of April 24, 1915 (Laws 1915, p. 630), legalizing elections for organization of high school distr......