People ex rel. Garland v. Moore
Illinois Supreme Court
Appeal from the Criminal Court of Cook county; the Hon. W. W. Harwell, Judge, presiding. This was a petition filed in the Cook County Criminal Court, by the State’s attorney, for leave to file an information in the nature of a quo warranto, charging each of the appellees with unlawfully usurping and intruding into the office of trustee of the Ada Street Methodist Episcopal Church, in the city of Chicago, a corporation created by authority of the statute of this State.
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Appeal from the Criminal Court of Cook county; the Hon. W. W. Harwell, Judge, presiding. This was a petition filed in the Cook County Criminal Court, by the State’s attorney, for leave to file an information in the nature of a quo warranto, charging each of the appellees with unlawfully usurping and intruding into the office of trustee of the Ada Street Methodist Episcopal Church, in the city of Chicago, a corporation created by authority of the statute of this State. At the time of the filing of the petition, the State’s attorney entered a motion that the prayer of the petition be granted,…
1Opinion of the CourtJustice Sheldon
delivered the ojnnion of the Court:
The general rule is, that leave to file an information is not granted of course, but it depends on the sound discretion of the court upon the circumstances of the case.
The present statute provides that the proper officer “ may present a petition to any court of competent jurisdiction, or any judge thereof, in vacation, for leave to file an information, etc., and if such court or judge shall be satisfied that there is probable ground for the proceeding, the court or judge may grant the petition and order the information to be filed, and process may issue.” It…
2Cases cited1 opinion
- People ex rel. Lewis v. WaiteIllinois Supreme Court · 1873
3Cited by6 opinions
- State ex rel. Walker v. McLean CountyNorth Dakota Supreme Court · 1903
- People ex rel. Swigert v. Golden RuleIllinois Supreme Court · 1885
- People v. HamiltonAppellate Court of Illinois · 1887
- McPhail v. People ex rel. LambertIllinois Supreme Court · 1895
- People Ex Rel. Goldberg v. DelaneyIllinois Supreme Court · 1968
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