People ex rel. Parker v. Burns
Illinois Supreme Court
Writ oe Error to the Circuit Court of Lee county; the Hon. R. S. Earrand, Judge, presiding. This is a writ of error to the circuit court of Lee county, to reverse the judgment of that court in a quo warranto proceeding by plaintiff in error, against defendants in error, to oust the latter from the office of drainage commissioners.
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Writ oe Error to the Circuit Court of Lee county; the Hon. R. S. Earrand, Judge, presiding. This is a writ of error to the circuit court of Lee county, to reverse the judgment of that court in a quo warranto proceeding by plaintiff in error, against defendants in error, to oust the latter from the office of drainage commissioners. The information alleges that the defendants usurped and were wrongfully and without lawful authority exercising the rights of the offices, powers and franchise of drainage commissioners of district No. 2 "of the town of Harmon, in said Lee county. The grounds of the…
1Opinion of the CourtJustice Wilkin
The drainage district in question was organized, or attempted to be organized, under section 11 of chapter 42 of our statutes. (Hurd’s Stat. 1903, p. 740.) It is a well settled rule of practice applicable to this action, that defendants must either disclaim the office which they are charged with usurping or they must justify, and that if they justify they must show on the face of their plea that they have title to the office. The seventh amended plea, to which relator’s demurrer was overruled, is a plea of justification, and if the ruling of the court upon the demurrer thereto was proper, its…
2Cases cited2 opinions
- Payson v. People ex rel. ParsonsIllinois Supreme Court · 1898
- People ex rel. Slusser v. GaryIllinois Supreme Court · 1902
3Cited by4 opinions
- Wild v. People ex rel. StephensIllinois Supreme Court · 1907
- People Ex Rel. Phelps v. KersteinIllinois Supreme Court · 1952
- People ex rel. Shamel v. BaldridgeIllinois Supreme Court · 1915
- People ex rel. Mahoney v. Decatur, Springfield & St. Louis Railway Co.Appellate Court of Illinois · 1905