People ex rel. Attorney General v. Kankakee River Improvement Co.
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. By direction of a joint resolution passed by the General Assembly in 1881, the Attorney.
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Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. By direction of a joint resolution passed by the General Assembly in 1881, the Attorney. General of the State filed an information in the nature of a quo warranto against the Kankakee River Improvement Company, alleging that said company, without any warrant, was exercising the power of controlling the navigation of the Kankakee and Iroquois rivers, collecting tolls for the navigation thereof, and of leasing the water powers upon said rivers, and collecting rents therefor, etc., and requiring the…
1Opinion of the CourtJustice Sheldon
The question is as to the sufficiency of the plea. The demurrer interposed by the Attorney General raises two principal objections in respect to the plea.
1. The first one is, that the company did not file a sworn statement with the Auditor of Public Accounts of the amount expended in improvements on or before the first Monday in January in each year, as required by its charter.
Section 7 of the charter reads as follows: “The State of Illinois hereby reserves the right to resume the control of the improvements hereby authorized, together with all the privileges thereunto belonging, at any time…
2Cases cited3 opinions
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- People v. Fishkill & Beekman Plank Road Co.New York Supreme Court · 1857
- People v. PresidentNew York Supreme Court · 1826
3Cited by9 opinions
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- People ex rel. Shallberg v. Central Union Telephone Co.Illinois Supreme Court · 1908
- Snell v. City of ChicagoIllinois Supreme Court · 1890
- Attorney General ex rel. Wolverine Fish Co. v. A. Booth & Co.Michigan Supreme Court · 1906
- State ex inf. Walker v. Equitable Loan & Investment Ass'nSupreme Court of Missouri · 1898
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