People v. Heidelberg Garden Co.
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. On July 6, 1904, the State’s attorney of Cook county, by leave, filed an information in the nature of quo warranto -in the superior court of Cook county against appellee, an Illinois coi'poration, challenging the validity of a dram-shop license issued to said company by the mayor of. Chicago.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. On July 6, 1904, the State’s attorney of Cook county, by leave, filed an information in the nature of quo warranto -in the superior court of Cook county against appellee, an Illinois coi'poration, challenging the validity of a dram-shop license issued to said company by the mayor of. Chicago. Five pleas were filed to this information, the third of which was stricken from the files on motion and demurrers to the other…
1Opinion of the CourtJustice Carter
The validity of a dram-shop license is properly challenged by quo warranto proceedings. (Martens v. People, 186 Ill. 314; Swarth v. People, 109 id. 621; People v. Chicago Telephone Co. 220 id. 238; Hurd’s Stat. 1905, chap. 112, sec. 1, p. 1549.) The contention of appellee to the contrary cannot be upheld.
The final order of the superior court on the second hearing was that the information be dismissed. It is contended, as no exception was preserved to the entering of this order, that there is nothing for this court to pass upon. A sufficient answer to this contention is, that the case was…
2Cases cited15 opinions
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