People Ex Rel. Elliott v. Benefiel

This is an appeal from a judgment of ouster entered by the circuit court of Lawrence County in a quo warranto proceeding instituted by the Attorney General to test the right of appellant, Philip B. Benefiel, to hold the office of State’s Attorney for that county. Since a construction of our State constitution is involved, the appeal comes directly to this court.

The gravamen of the complaint filed on February 5, 1949, was that the appellant was a usurper of the office and unqualified to hold it, in that he was not an attorney licensed to practice law in Illinois. Appellant’s answer denied that…