Burgess v. Davis

Citations

• 138 Ill. 578
• 28 N.E. 817

Syllabus

<p>1. Quo wabbanto—against one holding office after termination of Ms title. An information in the nature of a quo warranto lies under our statute, not only against a person who has usurped or intruded into an office, but also against a person who unlawfully holds an office to which he was at first entitled. If an officer rightfully elected and qualified, exercises the functions of his office after its termination, by subsequent occurrences, this proceeding is the appropriate remedy to oust him.</p> <p>2. Ohanceby jurisdiction—to determine the right to an office and its emoluments. A court of equity will not entertain jurisdiction for the purpose of enjoining a de facto incumbent of an office from performing its duties, or for enjoining the payment of fees, salary or emoluments of an office to a defacto incumbent thereof.</p> <p>3. A court of equity will not interfere, by injunction, to determine questions concerning the election or appointment of public officers or their title to office, for the reason that a complete remedy is given by quo warranto in courts of law.</p>