People ex rel. Fitzgerald v. Boyd

Citations

• 132 Ill. 60
• 23 N.E. 342

Syllabus

<p>1. Quo wabbanto—as a civil remedy. The proceeding by informa-tion in the nature of a quo warranto, whatever it may have originally been, is now regarded as in the nature of a civil remedy. It lies to-enforce both public and private rights.</p> <p>g. Limitations—in quo warranto. The Statute of Limitations applies • the remedy or action by quo warranto, at least when its object is to-enforce private rights as distinguished from public rights. In addition this, the writ will be refused, even before the Statute of Limitations-runs, in certain cases, when the object sought is to enforce private rights, and in some other proper cases when public policy requires that the writ should not issue. The limitation of five years was applied in this case.</p> <p>3. Same—how the statute availed of. The Statute of Limitations may be interposed by demurrer, where the petition or declaration discloses, the proper facts to raise the question.</p>