Poor v. People ex rel. Selby

Citations

• 142 Ill. 309
• 31 N.E. 676

Syllabus

<p>1. Quo warranto — to dissolve village corporation — less than three hundred inhabitants. In a proceeding by information in the nature of a quo warranto to test the legality of the formation of a village, the relator may reply to the plea setting out the proceeding to incorporate, that at the time of the filing of the petition with the county clerk there was not within the territory designated a population of at least three hundred inhabitants, as required by the statute, and such replication will be good on demurrer.</p> <p>2, Practice — quo warranto — carrying demurrer to replication bach to plea. Where a demurrer to a replication to a plea in a proceeding by quo warranto is overruled, it is irregular to carry the demurrer back and sustain it to the plea, but if the respondents stand by their demurrer to the replication, and allow judgment to go against them on that issue, and the replication is good, the error in carrying the demurrer back to and condemning the plea will be harmless.</p>