Distilling & Cattle Feeding Co. v. People ex rel. Moloney
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This was a proceeding by quo warranto, brought in the name of the People of the State of Illinois, by the Attorney General, against the Distilling and Cattle Feeding Company.
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Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This was a proceeding by quo warranto, brought in the name of the People of the State of Illinois, by the Attorney General, against the Distilling and Cattle Feeding Company. The defendant appeared and filed a number of pleas, to all of which demurrers were sustained, and the defendant electing to abide by its pleas, judgment was rendered against it, ousting it from its franchises and for costs. From that judgment the defendant now appeals to this court. The ■ information alleges that on May 10, 1887, there…
1Opinion of the CourtJustice Bailey
This proceeding being brought against the defendant by its corporate name, the regularity and legality of its organization as a corporation are impliedly admitted. (People v. City of Spring Valley, 129 Ill. 169.) And not only is this so, but the information sets out the defendant’s charter, and the proceedings which resulted in its incorporation, in express terms, thus expressly admitting the purposes of its organization and the scope of its corporate powers. The question, then, of the defendant’s organization, and of its right not only to exercise the franchise of being a corporation but to…
2Cases cited8 opinions
- People ex rel. Peabody v. Chicago Gas Trust Co.Illinois Supreme Court · 1889
- Richardson v. BuhlMichigan Supreme Court · 1889
- People ex rel. Weber v. City of Spring ValleyIllinois Supreme Court · 1889
- People v. North River Sugar Refining Co.New York Supreme Court · 1889
- State v. Nebraska Distilling Co.Nebraska Supreme Court · 1890
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3Cited by31 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Brock v. . PoorNew York Court of Appeals · 1915
- Harding v. American Glucose Co.Illinois Supreme Court · 1899
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
26 more not listed; retrieve them via the Exa API.