McGrath v. People ex rel. Linnemeyer
Illinois Supreme Court
Appeal from the Circuit Court of Cook county. This was an information in the nature of a quo warranto, brought in the name of the People, on the relation of Henry Linnemeyer, against. James J. McGrath, charging him with usurping and intruding into the office of alderman of the 14th ward of Chicago. On the hearing of the cause in the court below judgment of ouster was pronounced.
Read the full summary
Appeal from the Circuit Court of Cook county. This was an information in the nature of a quo warranto, brought in the name of the People, on the relation of Henry Linnemeyer, against. James J. McGrath, charging him with usurping and intruding into the office of alderman of the 14th ward of Chicago. On the hearing of the cause in the court below judgment of ouster was pronounced. Respondent thereupon prayed and perfected an appeal directly to this court, and now the appellee—the People—come and move to dismiss the cause for want of jurisdiction in this court to hear and determine the appeal in…
1Opinion of the Court
Scott, J.:
The first proposition can not be maintained. This court has decided, in The People v. Holtz, 92 Ill. 426, that an office is not a franchise, and that is conclusive as to this branch of the case.
We think the second position is also untenable. The people have no interest in this matter as a State. All the people do is to grant the writ, and we are of opinion,—at least a majority of the court are of opinion,—that the interest of the State in a cause, in order 'to entitle either party to bring it directly to this court in the first instance,, must be a substantial interest,—as, a…
2Cases cited1 opinion
- People ex rel. Bardill v. HoltzIllinois Supreme Court · 1879
3Cited by10 opinions
- State Board of Agriculture v. BradyIllinois Supreme Court · 1915
- Hitchcock v. GreeneIllinois Supreme Court · 1911
- O'Brien v. FrazierIllinois Supreme Court · 1921
- People ex rel. Widell v. WelshIllinois Supreme Court · 1913
- State v. Exchange BankNebraska Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.