Gunterman v. People ex rel. Bechdoldt

Citations

• 138 Ill. 518
• 28 N.E. 1067

Syllabus

<p>1. Information in the nature of quo warranto—defendant must disclaim or justify. A defendant in an information in the nature of a . qu,o warranto, charged with unlawfully usurping a public franchise, can only defend successfully by showing he is not using the franchise, or that he has a legal right to use it.</p> <p>2. Same—defective or equitable title of defendant—burden of proof. If the defendant sets up a right to exercise the franchise as the owner thereof, the burden of proof will be upon him to show a valid, legal' title to the same. A defective title thereto is no title whatever as against. the public.</p> <p>3. A party exercising an office or franchise of a public nature is con- . sidered as a mere usurper, unless he has a good and complete title in ; every respect. A mere equitable title will not suffice.</p> <p>4. Ferry franchise—how conveyed. A ferry franchise can be conveyed only by deed, the same as real estate.</p>