People v. Zahn

The State’s Attorney of DuPage County filed a quo warranto suit against the defendant, Herbert Zahn, challenging his right to the office of police magistrate of the village of Lombard. The appeal from a judgment of ouster is directed to this court since a franchise is involved.

The complaint was in general terms and did not set forth the basis of the challenge. The answer was a plea of justification wherein it was asserted that the defendant was duly elected to the office of police magistrate on April 16, 1957; that on May 6, 1957, he took the oath of office with elected officials of the…