Legal Opinion

Hepler v. People ex rel. Wetz

Illinois Supreme Court

Decided February 21, 1907PublishedCited by 8 opinions

Appeal from the Circuit Court of Livingston county; the Hon. George W. Patton, Judge, presiding. This is an information in the nature of quo warranto commenced by the State’s attorney of 'Livingston county, on the relation of Leonard Wetz and Frank Reed, against C. A. Hepler and George Brown, of Reading township, in Livingston county, and Patrick Healey, of Osage township, in LaSalle count)', charging that the defendants are unlawfully acting as drainage commissioners of an…

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Appeal from the Circuit Court of Livingston county; the Hon. George W. Patton, Judge, presiding. This is an information in the nature of quo warranto commenced by the State’s attorney of 'Livingston county, on the relation of Leonard Wetz and Frank Reed, against C. A. Hepler and George Brown, of Reading township, in Livingston county, and Patrick Healey, of Osage township, in LaSalle count)', charging that the defendants are unlawfully acting as drainage commissioners of an alleged drainage district known as Union District No. i, and- are assuming to exercise corporate powers in the name of…

1Opinion of the CourtJustice Vickers

Appellees having filed replications to the amended plea after a demurrer thereto had been overruled, the sufficiency of the plea stands admitted upon the record. (Peck v. Boggess, 1 Scam. 281; People ex rel. v. Gary, 196 Ill. 310.) None of the replications purported to reply to all the facts set up in the plea, nor do all of the replications, when considered together, put in issue every material fact set up in the plea. All material facts set out in the plea and not specifically traversed by the replications, or some one of them, are admitted, and appellants were not required to offer proof…

2Cases cited2 opinions

  1. Launtz v. People ex rel. SullivanIllinois Supreme Court · 1885
  2. People ex rel. Slusser v. GaryIllinois Supreme Court · 1902

3Cited by8 opinions

  1. People ex rel. Arnold v. CarrIllinois Supreme Court · 1907
  2. Heimberger v. Elliot Frog & Switch Co.Illinois Supreme Court · 1910
  3. People ex rel. Croft v. KarrIllinois Supreme Court · 1910
  4. Hanon v. Kansas City Life InsuranceAppellate Court of Illinois · 1933
  5. Village of Atwood v. OtterIllinois Supreme Court · 1920

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