People ex rel. Hoyne v. Grant
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Oscar E. Heard, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.
1Dissent
Mr. Justice O’Connor dissenting:
I am constrained to dissent from my brethren in this case.
In 1911,' Dr. Gr. Frank Lydston presented a petition for an information in the nature of a quo warranto to the State’s Attorney of Cook county and requested him to sign it. The petition stated the facts substantially the same as they appear in the instant case. The State’s Attorney refused to sign the petition, and thereupon Dr. Lydston filed a petition for a writ of mandamus to compel him to do so. A demurrer was sustained to the petition for mandamus and it was dismissed. An appeal was. taken to…
2Cases cited7 opinions
- Forsyth v. HammondSupreme Court of the United States · 1897
- People ex rel. Post v. HealyIllinois Supreme Court · 1907
- People ex rel. Lydston v. HoyneIllinois Supreme Court · 1914
- Soden v. ClaneyIllinois Supreme Court · 1915
- People ex rel. Mamer v. WaymanIllinois Supreme Court · 1912
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