Donnelly v. People ex rel. Bush
Illinois Supreme Court
This was a proceeding by quo warranto, instituted against the appellant, in the McHenry Circuit Court, on the relation of Bush, charging that appellant had usurped the office of sheriff of McHenry county, and enjoyed the privileges' and franchises thereofassigning as special cause, that he had omitted, when taking the oath of office, to take the anti-duelling oath prescribed by the constitution.
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This was a proceeding by quo warranto, instituted against the appellant, in the McHenry Circuit Court, on the relation of Bush, charging that appellant had usurped the office of sheriff of McHenry county, and enjoyed the privileges' and franchises thereofassigning as special cause, that he had omitted, when taking the oath of office, to take the anti-duelling oath prescribed by the constitution. The relation commenced: “And now comes Alonzo Platt, state’s attorney for the eleventh judicial circuit of the state of Illinois, and on the relation of Derrick C. Bush, who sues for the people in…
1Opinion of the Court
Opinion by Mr. Justice Catón :
This proceeding is a prosecution, within the meaning of sec. 26, art. 5, of the constitution, and should have been carried on, and should have concluded, as is there required. ■ That section provides: “ All prosecutions shall he carried on £ in the name and by the authority of the People of the State of Illinois,’ and conclude, £ against the peace and dignity of the same.’ ” In its broadest sense, the word “prosecutions” would embrace all proceedingsin the Courts of justice, or even elsewhere, for the protection or enforcement of a right or the punishment of a…
2Cases cited1 opinion
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
3Cited by22 opinions
- Kemper v. StateCourt of Criminal Appeals of Texas · 1911
- State v. HazledahlNorth Dakota Supreme Court · 1892
- Attorney General v. SullivanMassachusetts Supreme Judicial Court · 1895
- State ex rel. Cates v. Standard Oil Co. of KentuckyTennessee Supreme Court · 1907
- Burnap v. MarshIllinois Supreme Court · 1852
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