People ex rel. Bardill v. Holtz

Citations

• 92 Ill. 426

Syllabus

<p>1. Appeals—whether to the Supreme Court or to the Appellate Court—whether an offiee is a franchise. An office is not a franchise, within the meaning of the constitution and the statute prescribing the appellate jurisdiction of the Supreme and Appellate Courts.</p> <p>2. So, upon quo warranto in the circuit court to oust the defendants from the office of school directors, which it was claimed they had usurped, when in fact there was no such office for the reason the territory they pretended to represent had never been lawfully created a school district, it was held, as the proceeding was not a criminal case, nor one involving a freehold, a franchise, or the validity of a statute, an appeal from the judgment therein would not lie to this court, but must be taken to the Appellate Court, under the act creating and defining the jurisdiction of the Appellate Courts and sections 88 and 90 of the Practice act.</p>