Hay v. People

Decided June 15, 1871

Illinois Supreme Court · decided 1871-06-15

Silas L. Bryan, Judge, presiding. On the 6th of April, 1870, John Michan, State’s attorney for the second judicial circuit of the State of Illinois, on the relation of several persons, filed in the circuit court of Washington county an information in the nature of a writ of quo warranto, against Daniel Hay and others, alleging, that by act of the State legislature of March 31st, 1869, the “city of Nashville” was incorporated ; that by sec. 1 of article 2 of the city charter,…

Relies on Donnelly v. People ex rel. Bush · Wight v. People

Good law ✅— No negative treatment on recordhow we know

Decided 1871-06-15

How this case has been cited

Cited by 9 later decisions — most recently December 1934

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1This is a proceeding in the nature of a writ of quo warranto.

¶2The motion to quash should have been sustained. The information does not run, “in the name and by the authority of the People of the State of Illinois,” as required by the constitution.

¶3These words can not be dispensed with. They constitute matter of substance, and advantage can be taken of their omission, in arrest or on error.

¶4This proceeding is a prosecution, and the language of the constitution must be used, as in indictments. Wright v. The People, 15 Ill. 417; Donnelly v. The People, 11 Ill. 552.

¶5The judgment is reversed.

¶6Judgment reversed.