Legal Opinion

People ex rel. Evans v. Callaghan

Illinois Supreme Court

Decided September 15, 1876PublishedCited by 14 opinions

Appeal from the Criminal Court of Cook county; the Hon. Sajmüel M. Moobe, Judge, presiding. On the 17th day of May, 1876, Charles H. Heed, State’s Attorney in and for the county of Cook, asked leave to file, in the Criminal Court of that county, an information in the nature of a quo warranto, in the name of the People, at the instance of Michael Evans, against Bernard Callaghan, to make him answer by what warrant he claims to hold and execute the office of town collector of…

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Appeal from the Criminal Court of Cook county; the Hon. Sajmüel M. Moobe, Judge, presiding. On the 17th day of May, 1876, Charles H. Heed, State’s Attorney in and for the county of Cook, asked leave to file, in the Criminal Court of that county, an information in the nature of a quo warranto, in the name of the People, at the instance of Michael Evans, against Bernard Callaghan, to make him answer by what warrant he claims to hold and execute the office of town collector of South Chicago. It is alleged in the petition the relator, Michael Evans, was elected collector of the town of South…

1Opinion of the Court

Hr. Justice Scott

delivered the opinion of the Court:

Under our statute, it has been uniformly held the granting of leave to file informations in the nature of quo warranto, is in the sound discretion of the court to which the application is made. As was said in The People v. Waite, 70 Ill. 25, 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.

Assuming that defendant had accepted the office of town collector, and entered upon the discharge of its duties, an important question arises, whether the…

2Cases cited1 opinion

  1. People ex rel. Lewis v. WaiteIllinois Supreme Court · 1873

3Cited by14 opinions

  1. Parmater v. State ex rel. DrakeIndiana Supreme Court · 1884
  2. People ex rel. Holdom v. SweitzerIllinois Supreme Court · 1917
  3. Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879
  4. State Ex Rel. Shriver v. DunnTennessee Supreme Court · 1973
  5. Trunick v. Town of NorthviewWest Virginia Supreme Court · 1917

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