Legal Opinion

North & South Rolling Stock Co. v. People ex rel. Schaefer

Illinois Supreme Court

Decided October 27, 1893PublishedCited by 12 opinions

Appeal from the City Court of East St. Louis; the Hon. B. H. Caney, Judge, presiding. This was an information in the nature of a quo warranto, brought by the People of the State of Illinois, on the relation, of the state’s attorney of St. Clair county, in the City Court of-East St. Louis, against the North and South Rolling Stock. Company.

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Appeal from the City Court of East St. Louis; the Hon. B. H. Caney, Judge, presiding. This was an information in the nature of a quo warranto, brought by the People of the State of Illinois, on the relation, of the state’s attorney of St. Clair county, in the City Court of-East St. Louis, against the North and South Rolling Stock. Company. A petition for leave to file the information having been granted, an information was filed, the substantial portions of which are as follows: “M. W. Schaefer, State’s attorney in and for said county, who sues for the People of the State of Illinois, in this…

1Opinion of the CourtJustice Bailey

To determine the propriety of the finding and judgment of the court in this ease, it is important, in the first place, to notice the precise nature of the issues which were submitted for trial. The information was filed by the state’s attorney against the “North and South Bolling Stock Company,” by that name, requiring it to answer by what warrant it claims to have, use and exercise the liberties, franchises and privileges of owning, buying, leasing, selling and operating railroad stock. The defendant answered by setting up its incorporation under the general law of this State in relation to…

2Cases cited1 opinion

  1. State ex rel. Attorney General v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1878

3Cited by12 opinions

  1. Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
  2. Venner v. Chicago City Railway Co.Illinois Supreme Court · 1910
  3. People ex rel. Coggeshall v. Walker Opera House Co.Illinois Supreme Court · 1911
  4. State ex rel. Brown Contracting & Building Co. v. CookSupreme Court of Missouri · 1904
  5. People Ex Rel. Barrett v. Gentile Cooperative Ass'nIllinois Supreme Court · 1946

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