Legal Opinion

Illinois Health University v. People ex rel. Moloney

Illinois Supreme Court

Decided April 3, 1897PublishedCited by 4 opinions

Appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. On behalf of the People of the State of Illinois the Attorney General filed this information in the nature of a quo warranto against the appellant, the Illinois Health University, praying that it be required to show by what warrant it had misused and perverted its corporate powers and franchises as set forth in the information, and by what authority it had assumed powers, liberties,…

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Appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. On behalf of the People of the State of Illinois the Attorney General filed this information in the nature of a quo warranto against the appellant, the Illinois Health University, praying that it be required to show by what warrant it had misused and perverted its corporate powers and franchises as set forth in the information, and by what authority it had assumed powers, liberties, privileges and franchises not authorized by its charter, and to show cause why its charter should not be revoked. The…

1Opinion of the CourtJustice Carter

There is sufficient alleged in the information to show that appellant has assumed and usurped powers, privileges and franchises not conferred by its charter; that it is not in good faith carrying out the object for which it was incorporated, but is engaged in the fraudulent business of selling medical diplomas to, and conferring the degree of doctor of medicine upon, incompetent persons for gain; that it does not conduct a medical school, college or university, and that its pretended business of educating teachers in the science of health and in the true art of healing, and of fitting men and…

2Cases cited3 opinions

  1. Minturn v. LarueSupreme Court of the United States · 1860
  2. Northwestern Fertilizing Co. v. Village of Hyde ParkIllinois Supreme Court · 1873
  3. Edgar Collegiate Institute v. People ex rel. HardyIllinois Supreme Court · 1892

3Cited by4 opinions

  1. Gulley v. Territory of OklahomaSupreme Court of Oklahoma · 1907
  2. American University v. WoodAppellate Court of Illinois · 1919
  3. Independent Medical College v. People ex rel. AkinIllinois Supreme Court · 1899
  4. State Ex Rel. Otto v. St. Louis College of Physicians & SurgeonsSupreme Court of Missouri · 1927

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