People ex rel. Weber v. City of Spring Valley

Citations

• 129 Ill. 169
• 21 N.E. 843

Syllabus

<p>1. Quo warranto&emdash;parties&emdash;in proceeding against a corporation as such&emdash;or against persons who unlawfully assume to he a corporation. Where an existing corporation abuses any of its franchises, or usurps franchiseswhich do not belong to it, the information should be against the corporation as such. But when a body of men or a number of in- dividuals unlawfully assume to be a corporation, the information should be against them as individuals, and not by their assumed corporate name. This rule applies to municipal as well as private corporations. 2.</p> <p>If the information charges a city with exercising a franchise not authorized by its charter, it is proper to make the city a party defend- ant by its corporate name; but if it calls in question the corporate ex- istence of the city or the legality of its organization, the information must be brought against the officials or individuals assuming to exer- cise the corporate powers. 3.</p> <p>Sams&emdash;proceeding against a corporation hy name admits its corpo- rate existence. The effect of filing an information against a corporation by its corporate name, to procure a forfeiture of its charter or to com- pel it to disclose by what authority it exercises its corporate franchise, is to admit the existence of the corporation. When, therefore, the in- formation is filed against the respondent in its corporate name, and process is issued and served accordingly, and the respondent appears and pleads in the same corporate character, its corporate existence can not afterward be controverted. 4.</p> <p>Same&emdash;replication inconsistent with the information is a departure. Where an information is filed against a city by its corporate name, rep- lications to pleas, denying the fact of incorporation or setting up facts impeaching the validity of its organization, are obnoxious to demurrer, as being inconsistent with the information, and as a departure there- from. 5.</p> <p>Same&emdash;amendment of informa