People ex rel. Wolf v. New Illinois Athletic Club, 185 Ill. App. 613 (1914)

March 31, 1914 · Illinois Appellate Court · Gen. No. 19,307
185 Ill. App. 613

The People of the State of Illinois ex rel. Albert D. Wolf, Appellant, v. The New Illinois Athletic Club of Chicago, Appellee.

Gen. No. 19,307.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Chames M. Foell, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Appeal dismissed.

Opinion filed March 31, 1914.

Statement of the Case.

Petition for mandamus by The People of the State of Illinois eco rel. Albert D. Wolf against The New Illinois Athletic Club of Chicag’o, a corporation, not formed for profit, to compel defendant to restore the relator to membership. The relator was suspended for an alleged infraction of the rules of the defendant for six months, the date of his suspension beginning July 30, 1912, and the period of suspension expiring January 30, 1913. A demurrer was sustained to the petition and from the order the relator appeals.

*614Abstract of the Decision.

Mandamus, § 187 * —when appeal from order sustaining demurrer to petition will he dismissed. On appeal from an order sustaining a demurrer to a petition for mandamus to compel a club, a corporation formed not for pecuniary profit, to restore petitioner to membership after he had been suspended, the appeal was dismissed for the reason that a copy of the record was not filed in the Appellate Court until after the period of suspension had expired.

Friedman & Ader, for appellant; William Friedman, of counsel.

Harry P. Simonton, for appellee.

Mr. Justice Clark

delivered the opinion of the court.