Legal Opinion

People ex rel. Gillinwater v. Mississippi & Atlantic Railroad

Illinois Supreme Court

Decided November 15, 1851PublishedCited by 3 opinions

At September term, 1851, of the Effingham Circuit Court, Gillinwater filed an information against the Mississippi and Atlantic Railroad Company, commencing as follows : “ In the Circuit Court of said county, Alfred Kitchell, State’s Attorney for the Fourth Judicial District of the State of Illinois, who prosecutes in behalf of the people of the State of Illinois, on the relation of Thomas J. Gillinwater, of the county of Effingham, aforesaid, comes here into Court and gives…

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At September term, 1851, of the Effingham Circuit Court, Gillinwater filed an information against the Mississippi and Atlantic Railroad Company, commencing as follows : “ In the Circuit Court of said county, Alfred Kitchell, State’s Attorney for the Fourth Judicial District of the State of Illinois, who prosecutes in behalf of the people of the State of Illinois, on the relation of Thomas J. Gillinwater, of the county of Effingham, aforesaid, comes here into Court and gives the Court to understand and be informed,” that on, &c., a railroad company, named, &c., was formed in the town of…

1Per curiam

The constitution declares that “ all prosecutions shall be carried on 1 in the name and by the authority of the people of the State of Illinois.’ ” This court held, in the case of Donnelly v. The People, 11 Ellinois, 552, that a proceeding by quo warranto was a prosecution within the intent and meaning of that provision. The information in this case does not run in the mode prescribed. It is, therefore, fatally defective; and it becomes unnecessary to inquire into the validity of the plea. If the plea should be held insufficient, no judgment could be entered against the defendants. The…

2Cited by3 opinions

  1. Distilling & Cattle Feeding Co. v. People ex rel. MoloneyIllinois Supreme Court · 1895
  2. Illinois ex rel. Hunt v. Illinois Cent. R.United States Circuit Court · 1888
  3. Hedrick v. People ex rel. BallIllinois Supreme Court · 1906

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