People ex rel. Hunt v. McFall

Citations

• 124 Ill. 642
• 17 N.E. 63

Syllabus

<p>1. Quo warbanto—leave to file—in term time, and in vacation On application to the circuit court, in term time, for leave to file an information in the nature of a quo wan-ranto, the court may grant leave either on an ex parte showing, or it may order a rule nisi to be entered against the respondents, requiring them to appear on a day fixed and show cause why leave shall not be granted, and have a forrpal and full hearing.</p> <p>2. This rule can not be applied, however, when the application is made to a judge in vacation, as a judge can exercise no judicial functions in vacation, unless expressly authorized to do so.</p> <p>3. Appeal—reviewing facts. Where a full hearing is had on an application to the circuit court for leave to file an information in the nature of a quo warranto, by the presentation of affidavits and counter-affidavits as-to the facts relied on, and leave is refused, and the judgment is affirmed by the Appellate Court, this court can not consider an assignment of error questioning the finding of the facts by that court.</p>