Hambleton v. People ex rel. Young

Citations

• 44 Ill. 458

Syllabus

<p>1. Quo warranto—in a proceeding by — when jurisdiction over defendant not acquired. Leave was granted a party to file an information in the nature of a quo warranto, notice of which was given the defendant, but without further process. A rule was entered requiring the defendant to plead, which he failed to do; and, proof of the service of the copy of the same upon him being made, his default was taken, and the court pronounced judgment of ouster against him. Held, that the court acquired no jurisdiction to enter the rule and render the judgment.</p> <p>3. Same —jurisdiction — how acquired. After leave given to a party to file an information in the nature of a quo warranto, the court can only acquire jurisdiction by service of a writ, under seal of the court, and running in the name of the people of the State of Illinois, or by voluntary appearance of the defendant. This was the practice under the statute of Anne, from which ours does not substantially differ.</p>