Legal Opinion

People ex rel. Lewis v. Waite

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 32 opinions

Appeal from the Criminal Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an application by the State’s attorney, for leave to file an information of the relator, in the nature of a quo warranto, against George W. Waite. The opinion of the court gives a summary statement of the case and the facts. The relator appealed.

1Opinion of the CourtJustice Scott

Our statute, in relation to informations in the nature of a quo warranto, is a substantial, if not a literal copy of 9 Anne, chap. 20, on the same subject. The granting of leave to file such informations, has uniformly been held, both in this country and in England, to be within the sound discretion of the court. Leave is not given as a matter of course, but a court ought not arbitrarily to refuse leave, but should exercise a sound discretion, according to law. Dillon on Mu. Cor., sec. 722; State v. Tehoe, 7 Rich. 246; Commonwealth v. Arrison, 15 Serg. & Rawles, 133; The People v. Sweeting, 2…

2Cases cited2 opinions

  1. Meyer M'CleanNew York Supreme Court · 1807
  2. People ex rel. Dixon v. ShawIllinois Supreme Court · 1853

3Cited by32 opinions

  1. People ex rel. Agnew v. GrahamIllinois Supreme Court · 1915
  2. People ex rel. Deneen v. Town of ThorntonIllinois Supreme Court · 1900
  3. State ex rel. Walker v. McLean CountyNorth Dakota Supreme Court · 1903
  4. People ex rel. Jones v. North Chicago Railway Co.Illinois Supreme Court · 1878
  5. Thurston v. State Board of ElectionsIllinois Supreme Court · 1979

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