Chicago Mutual Life Indemnity Ass'n v. Hunt

Citations

• 127 Ill. 257
• 2 L.R.A. 549
• 20 N.E. 55
• 1889 Ill. LEXIS 1034

Syllabus

<p>1. Mutual benefit associations—Attorney General—his powers and duties—report from the Auditor. The power of the Attorney General to file an information against a mutual benefit society, formed under the act of 1883, for the purpose of removing its officers or dissolving the corporation for the causes stated in section 12 of that act, does not depend upon any communication to him from the Auditor, but is within the purview of those powers which are inherent in his office.</p> <p>2. That section of the act of 1883 relating to mutual aid societies, etc., conferred no new powers upon the Attorney General, but vested the Auditor with the supervision of associations organized under the act, and made it the duty of the Attorney General to take proper legal proceedings whenever the Auditor should communicate to him the fact that an association or its officers had so conducted its affairs as to give occasion for the removal of the officers from their offices, or the closing of the business of the association.</p> <p>3. The Auditor’s communication in respect to a mutual benefit association, transmitted to the Attorney General the report of an examination of the books, papers and affairs of the association by an expert employed for that purpose by the Auditor, and requested the Attorney General to institute proceedings against the corporation. ' The examiner’s report, though not altogether formal in its statement of conclusions, was sufficient to show the existence of one or more of the grounds named in the statute, and this made it the duty of the Attorney General to act.</p> <p>4. - It is only provided that when the Auditor, on examination, finds either that the annual statement of the association is willfully false in some material respect, or that the business of the association has been conducted fraudulently or in violation of some provision of the statute, or that the association has transacted business different from that authorized by its certificate of incorporati