Rose Hill & Evanston Road Co. v. People ex rel. Lawless

On the 16th day of June, 1884, an information in the nature of a quo warranto was filed by the State’s attorney of Cook county, in the Superior Court of that county, against the Bose Hill and Evanston Boad Company, charging that the company, without warrant of law, was usurping the franchise of being the proprietors of a toll-road, for the purpose of operating the same by the collection of tolls thereon. Upon the hearing without a jury, the court rendered a judgment of ouster, from which defendant took this appeal.

The company claims to have become incorporated under the general law of 1859,…