Chicago, Rock Island & Pacific Railway Co. v. People ex rel. Dailey
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. This cause was brought to this court by appeal from the Appellate Court for the Second District to reverse the judgment of that court affirming the decree of the lower court.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. This cause was brought to this court by appeal from the Appellate Court for the Second District to reverse the judgment of that court affirming the decree of the lower court. The statement of the Appellate .Court, which we adopt, fairly sets out the facts, and is substantially as follows: “This is an appeal from a decree of the circuit court of Peoria county declaring void a certain ordinance passed by the city council…
1Opinion of the CourtJustice Carter
The contention of appellants that the State’s attorney is a mere nominal party to this proceeding is not supported by. the record. They filed a demurrer to the original bill in the trial court raising this point and on a hearing the court overruled the demurrer. There is nothing before us to justify appellants’ claim that the State’s attorney is lending the use of his name and official character at the request of outside parties. Holding, as we do, that the State’s attorney is the actual, and not a mere nominal, party to the suit, we do not find it necessary to discuss the question whether or…
2Cases cited8 opinions
- Ligare v. City of ChicagoIllinois Supreme Court · 1891
- Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898
- Johnson v. JohnsonIllinois Supreme Court · 1885
- Godfrey v. City of AltonIllinois Supreme Court · 1850
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Consoer, Townsend & Associates v. AddisAppellate Court of Illinois · 1962
- Cape Cod Steamship Co. v. Selectmen of ProvincetownMassachusetts Supreme Judicial Court · 1936
- People ex rel. Burton v. Corn Products Refining Co.Illinois Supreme Court · 1918
- State ex rel. B. Schade Brewing Co. v. Superior CourtWashington Supreme Court · 1911
- Kaufman & Broad Homes, Inc. v. Allied Homes, Inc.Appellate Court of Illinois · 1980
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