Board of Trade v. People ex rel. Sturges

Citations

• 91 Ill. 80

Syllabus

<p>1. Appeals from circuit court — whether to the Appellate or to the Supreme Court—what is a franchise. An appeal or writ of error does not lie from the circuit to the Supreme Court in a mandamus to compel the restoration of a member of the Board of Trade of Chicago after his expulsion, the right to membership in a private corporation not being a franchise within the meaning of the law giving the right to prosecute appeals and writs of error to the Supreme Court. Such appeal should be taken to the Appellate Court.</p> <p>2. A franchise is a privilege emanating from the sovereign power of the State, owing its existence to a grant, or, as at common law, to prescription, which presupposes a grant, and is invested in individuals or a body politic. The word is used in this restricted sense in the statute giving appeals and writs of error from the circuit to the Supreme Court.</p>