People ex rel. Dixon v. Shaw
Illinois Supreme Court
This was a proceeding by information, in the nature of a quo warranto, originally commenced in the Winnebago Circuit Court, and removed to the county of Stephenson, by change of venue.
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This was a proceeding by information, in the nature of a quo warranto, originally commenced in the Winnebago Circuit Court, and removed to the county of Stephenson, by change of venue. Notice, in the name of the State’s attorney for the eleventh judicial circuit, was served upon the defendants, Bela Shaw and others, of a motion to be made in the Winnebago Circuit Court, for a rule upon them to show cause why leave should not be given to the State’s attorney, to exhibit in that court an information in the nature of a quo wa/rranto, upon the relation of George Dixon against the defendants, for…
1Opinion of the Court
Catón, J.
The demurrer to the plea to the jurisdiction of the court only presented the question whether this is a case in which the relator could obtain a change of venue; for the record showed that the venue had been changed, and that estopped the party from denying that fact by a plea. It is not competent for the party to plead in contradiction to the record itself in the same cause. The court must take notice of the contents of the record of the case. Suppose the plea had averred distinctly that there had been no change of venue, or had denied the existence of some other order which the…
2Cases cited1 opinion
- Donnelly v. People ex rel. BushIllinois Supreme Court · 1850
3Cited by9 opinions
- The People v. ScottIllinois Supreme Court · 1927
- State of Iowa v. Chicago, B. & Q. R. Co.U.S. Circuit Court for the Southern District of Iowa · 1889
- Illinois ex rel. Hunt v. Illinois Cent. R.United States Circuit Court · 1888
- People ex rel. Lord v. BruennemerIllinois Supreme Court · 1897
- People ex rel. Fitzgerald v. BoydIllinois Supreme Court · 1890
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