People v. O'Hair
| Court | Illinois Supreme Court |
| Writing for the Court | SCHOLFIELD |
| Citation | 128 Ill. 20,21 N.E. 211 |
| Decision Date | 05 April 1889 |
| Parties | PEOPLE v. O'HAIR et al. |
128 Ill. 20
21 N.E. 211
PEOPLE
v.
O'HAIR et al.
Supreme Court of Illinois.
April 5, 1889.
Appeal from appellate court, Third district.
[128 Ill. 21]Wiley & Neal, Jas. A. Connolly, and Chas. G. Eckhart, for appellant.
Craig & Craig, for appellees.
SCHOLFIELD, J.
This was a proceeding by information in the nature of a quo warranto in the circuit court of Coles county to determine the existence of a certain claimed drainage district as a corporation. The precise question presented is shown by the following quotation from the information: ‘And said state's attorney therefore gives the court to understand and be informed that said pretended drainage district, called ‘Union District No. 2,’ was attempted to be formed when and while said paper in writing, purporting to be a petition, did not contain the signatures of a majority of the adult persons owning lands in said district, who were the owners of more than one-third of the land situate in said proposed district, and did not contain the signatures of the owners of the major part of the land, who constitute one-third or more of the owners of the land, as is required by the statute, and that said pretended Union District No. 2 was not legally organized and formed, and was and is not a drainage district under and in accordance with the statute; and therefore said state's attorney says that Michael E. O'Hair, Joseph McNeil, and Louis Grooms, since the 4th day of June, 1886, have held and executed, and now hold and execute, without any warrant or right, the office of drainage commissioners of said pretended Union Drainage District No. 2, of the towns of Seven Hickory and Humboldt, which said office they, and each of them, during all the time aforesaid, have usurped, and still do usurp, to the damage of the said people,' etc. The law
[21 N.E. 212]
under which the organization of the drainage district was attempted makes the commissioners of highways in [128 Ill. 22]each town in the several counties adopting township organization drainage commissioners in and for all drainage districts in their respective towns. 1 Starr & C. St. p. 942, § 99. The respondents are conceded to be commissioners of highways of the town, and the only question is whether they, being such, are also a body politic and corporate, styled ‘drainage commissioners;’ and this turns solely upon whether the drainage district is lawfully organized. The privilege or right to be a corporation is a franchise. Fietsam v. Hay, 122 Ill. 293, 13 N....
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Marnik v. Northwestern Packing Co., No. 30392.
...where the judgment must determine whether the franchise exists, the franchise is necessarily involved in the litigation. People v. O'Hair, 128 Ill. 20, 21 N.E. 211. Where the complaint does not seek a dissolution of a corporation, conformably to statutory authority, and the decree assailed ......
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People v. Union Trust Bank, 31435
...privilege or right to be a corporation is a franchise, Marnik v. Northwestern Packing Co., 400 Ill. 66, 79 N.E.2d 54; People v. O'Hair, 128 Ill. 20, 21 N.E. 211, to authorize a direct appeal on the ground that a franchise is involved, there must be a question as to the validity or the exist......
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People ex rel. Bondurant v. Marquiss
...by the legislature upon villages under the act for the incorporation of cities and villages, which involves a franchise. People v. O'Hair, 128 Ill. 20, 21 N. E. 211;[192 Ill. 380]People v. City of Spring Valley, 129 Ill. 169, 21 N. E. 843;People v. Bruennemer, 168 Ill. 482, 48 N. E. 43. The......
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People ex rel. Lord v. Bruennemer
...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 corpo......
-
Marnik v. Northwestern Packing Co., No. 30392.
...where the judgment must determine whether the franchise exists, the franchise is necessarily involved in the litigation. People v. O'Hair, 128 Ill. 20, 21 N.E. 211. Where the complaint does not seek a dissolution of a corporation, conformably to statutory authority, and the decree assailed ......
-
People v. Union Trust Bank, 31435
...privilege or right to be a corporation is a franchise, Marnik v. Northwestern Packing Co., 400 Ill. 66, 79 N.E.2d 54; People v. O'Hair, 128 Ill. 20, 21 N.E. 211, to authorize a direct appeal on the ground that a franchise is involved, there must be a question as to the validity or the exist......
-
People ex rel. Bondurant v. Marquiss
...by the legislature upon villages under the act for the incorporation of cities and villages, which involves a franchise. People v. O'Hair, 128 Ill. 20, 21 N. E. 211;[192 Ill. 380]People v. City of Spring Valley, 129 Ill. 169, 21 N. E. 843;People v. Bruennemer, 168 Ill. 482, 48 N. E. 43. The......
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People ex rel. Lord v. Bruennemer
...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 corpo......