Illinois Midland Railway Co. v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. On the 26th day of November, 1875, an information, in the nature of a quo warranto, was-filed in the circuit court of Macon county, by leave of court, in which it is alleged, that on the 1st day of July, 1875, and ever since, without any authority of law for so doing, the Illinois Midland Railway Company, acting as and claiming to be the lawful successor of a certain corporation known…
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Writ of Error to the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. On the 26th day of November, 1875, an information, in the nature of a quo warranto, was-filed in the circuit court of Macon county, by leave of court, in which it is alleged, that on the 1st day of July, 1875, and ever since, without any authority of law for so doing, the Illinois Midland Railway Company, acting as and claiming to be the lawful successor of a certain corporation known and called the Peoria, Atlanta and Decatur Railroad Company, is using and exercising, without any lawful grant, warrant…
1Opinion of the CourtJustice Scott
Where a party is charged, by information in the nature of quo warranto, in the name of the people of the State, with having usurped powers and franchises, and with exercising the same without authority of law, he must either justify, or disclaim having done so. The second amended plea, to which a demurrer was sustained, does neither. It is neither a complete plea of justification nor a full disclaimer. Such pleas must be consistent, and not allege defenses repugnant to each other. This one contains some matters tending to show justification, and others tending to show a disclaimer. In that…
2Cited by11 opinions
- Venner v. Chicago City Railway Co.Illinois Supreme Court · 1913
- Attorney General v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Chicago North Shore & Milwaukee Railroad v. City of ChicagoIllinois Supreme Court · 1928
- Lake Shore & Michigan Southern Railway Co. v. Baltimore & Ohio & Chicago RailroadIllinois Supreme Court · 1894
- People v. White Circle League of AmericaIllinois Supreme Court · 1951
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