Legal Opinion

People v. Union Elevated Railroad

Illinois Supreme Court

Decided October 27, 1915PublishedCited by 8 opinions

Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windbs, Judge, presiding. This was a petition for leave to file an information in the nature of quo warranto by the State’s attorney of Cook county against the Union Elevated Railroad Company (hereinafter called the Union Elevated Company) to procure a forfeiture of its corporate franchise and privileges for alleged violations of its charter rights and the constitution and laws of this State.

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Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windbs, Judge, presiding. This was a petition for leave to file an information in the nature of quo warranto by the State’s attorney of Cook county against the Union Elevated Railroad Company (hereinafter called the Union Elevated Company) to procure a forfeiture of its corporate franchise and privileges for alleged violations of its charter rights and the constitution and laws of this State. At the time the petition in question was filed a similar petition was presented against the Union Consolidated Elevated Railway Company,…

1Opinion of the CourtJustice Craig

The sufficiency of the petition .originally filed by the State’s attorney to show probable cause for the institution of the proceedings, and of the counter-affidavits filed ■ in support of the motion to vacate such order for the purpose of showing that such leave was improvidently granted, are the only questions presented by the assignment of errors for decision by this court.

The statute of this State commonly known as the Quo Warranto statute (Hurd’s Stat. 1913, p. 1921,) provides in section 1 that upon certain conditions therein named the Attorney General or the State’s attorney of the…

2Cases cited11 opinions

  1. People v. BrownIllinois Supreme Court · 1873
  2. People ex rel. Moloney v. Pullman's Palace Car Co.Illinois Supreme Court · 1898
  3. People ex rel. Raster v. HealyIllinois Supreme Court · 1907
  4. People ex rel. Deneen v. Town of ThorntonIllinois Supreme Court · 1900
  5. People ex rel. Slusser v. GaryIllinois Supreme Court · 1902

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3Cited by8 opinions

  1. Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
  2. People ex rel. Mark v. HartquistIllinois Supreme Court · 1924
  3. People Ex Rel. Kinahan v. BlairIllinois Supreme Court · 1930
  4. People ex rel. Weber v. BursonIllinois Supreme Court · 1923
  5. Klimczak v. StateCourt of Claims of Illinois · 1939

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