People ex rel. Garland v. Moore

Citations

• 73 Ill. 132

Syllabus

<p>f Quo wabbanto — leave to file information not granted of conree. Leave to file an information is not granted of course upon a petition, bat depends upon the sound discretion of the court and the circumstances of the case.</p> <p>2. Under the present statute a court or judge may grant leave to file am information, in the nature of a quo warranto, upon a petition filed, if satisfied that there is probable ground for the proceeding, without any rule oul the defendants; hut the court or judge may, if deemed proper, enter a ru]q¡ on the defendants to show cause why such information should not he filed1..</p> <p>3. Same—by whom application may be made. The fact that the relator-took part -in an election of trustees of a church, is a fatsix objection to an, application, on his part, for leave to file an information in the nature of a quo warranto, charging them with unlawfully acting as such trustees.</p>