People v. Helmel
Appellate Court of Illinois
Quo warranto. Appeal from the Circuit Court of Rock Island county; the Hon. William H. G-est, Judge, presiding. Heard in this court at the October term, 1909. Statement by the Court.
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Quo warranto. Appeal from the Circuit Court of Rock Island county; the Hon. William H. G-est, Judge, presiding. Heard in this court at the October term, 1909. Statement by the Court. The state’s attorney of Rock Island county, on the information of F. Q. Johnson presented to the Circuit Court of said county during the May term, 1909, a petition in the name of the people asking leave to file an information in the nature of a quo warranto against W. J. Helmel, Max D. Rosenfield, Charles Vandegenachte and the United Breweries Company. The proposed information alleged that the respondents without…
1Opinion of the CourtJustice Willis
The granting or refusing leave to file an information in the nature of a quo warranto rests in the sound legal discretion of the court acting upon the application therefor. In the case at har the court refused to allow the information to be filed upon a consideration of the allegations of the affidavits. The material facts were not disputed, and the main question presented by the affidavits for the determination of the trial court, was whether the ordinance of June 2, 1902, was repealed by the ordinance of March 23, 1908. The question was purely one of law, and it is manifest, could receive…
2Cases cited10 opinions
- Inre Yick WoCalifornia Supreme Court · 1885
- Goodno v. City of OshkoshWisconsin Supreme Court · 1872
- Board of Water Commissioners v. People ex rel. City of SpringfieldIllinois Supreme Court · 1891
- Ashland Water Co. v. Ashland CountyWisconsin Supreme Court · 1894
- State ex rel. Terry v. KeaoughWisconsin Supreme Court · 1887
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