People ex rel. Jones v. North Chicago Railway Co.
Illinois Supreme Court
Appeal from the Criminal Court of Cook county; the Hon. William W. Farwell, Judge, presiding. The record shows that at the August term, 1875, of the Criminal Court o'f Cook county, the following motion was presented to the court: “And now on this day comes Charles H. Reed, State’s attorney for said county of Cook, and at the instance of Judson M. W. Jones, as relator, presents to the court the annexed petition of said Judson M. W. Jones, for leave to file an information in…
Read the full summary
Appeal from the Criminal Court of Cook county; the Hon. William W. Farwell, Judge, presiding. The record shows that at the August term, 1875, of the Criminal Court o'f Cook county, the following motion was presented to the court: “And now on this day comes Charles H. Reed, State’s attorney for said county of Cook, and at the instance of Judson M. W. Jones, as relator, presents to the court the annexed petition of said Judson M. W. Jones, for leave to file an information in the nature of a quo warranto, in the name of the People of the State of Illinois, against the North Chicago Railway…
1Opinion of the CourtChief Justice Scholfield
Did the court err in refusing to allow the relator to file an information ?
The ruling of this court is, the granting of leave to file an information in the nature of a quo warranto, is'in the sound discretion of the court or judge to which the application is made. Leave, on the one hand, is not granted as a matter of right upon the part of the relator; and on the other hand, a court is not at liberty to arbitrarily refuse, but must exercise a sound discretion in accordance with principles of law. The People ex rel. v. Waite, 70 Ill. 25; The People ex rel. v. Callaghan, 83 id. 128.
It is here…
2Cases cited1 opinion
- People ex rel. Lewis v. WaiteIllinois Supreme Court · 1873
3Cited by22 opinions
- Attorney General v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- People v. HamiltonAppellate Court of Illinois · 1887
- State ex rel. Byrne v. WilcoxNorth Dakota Supreme Court · 1902
- People Ex Rel. Seegren v. SackettIllinois Supreme Court · 1933
- State ex rel. Wetzel v. TracySupreme Court of Minnesota · 1892
17 more not listed; retrieve them via the Exa API.