People ex rel. Lewis v. Waite

Citations

• 70 Ill. 25

Syllabus

<p>1. Quo wabbanto—leave to file, a matter of discretion. The granting of leave to file an information in the nature of a quo warranto is within the sound discretion of the court. Leave is not given as a matter of course, but a court ought not arbitrarily to refuse leave, but should exercise a sound discretion, according to law.</p> <p>2. Same—¿oro instituted. The usual and proper mode of instituting a proceeding in the nature of a quo warranto is, for the State’s attorney to submit a motion for leave to file the information, based on affidavit. A rule nisi is then laid on the defendant to show cause why the information should not be filed, which he may answer by counter affidavits.</p> <p>3. Election — irregularities, waived by taking part. Where an election for school trustee was held, but not at the place designated in the notices thereof, and the relator, who sought to avoid the election on that ground, participated in the same, by voting, and running as an opposing candidate, it was held, that a sound public policy would forbid him from having the election of his opponent declared void on this ground, and that a rule nisi to show cause why an information by him should not be tiled was properly discharged.</p>