People ex rel. Cox v. Fling, 303 Ill. 215 (1922)

April 19, 1922 · Illinois Supreme Court · No. 14282

303 Ill. 215

No. 14282.

Judgment affirmed.

The People ex rel. Harley Cox, Appellant, vs. J. W. Fling, Jr., et al. Appellees.

Opinion filed April 19, 1922

Rehearing denied June 7, 1922.

Quo warranto—judgment dismissing information is presumed to be correct if no bill of exceptions is filed. The judgment of the circuit court dismissing an information in the nature of quo warranto, filed for the purpose of testing the legality of the organization of a community high school district, is presumed to be correct if there is no bill of exceptions in the record. (People v. Glasgow, 301 Ill. 394, followed.)

Appeal from the Circuit Court of Stark county; the Hon. T. N. Green, Judge, presiding.

T. W. Hoopes, and F. B. Brian, for appellant.

James H. Rennick, (John W. Fling, Jr., pro se,) for appellees.

Mr. Justice Thompson

delivered the opinion of the court:

This áppeal is prosecuted to review a judgment of the circuit court of Stark county dismissing an information in the nature of quo warranto filed in that court for the purpose of testing the legality of the organization of Wyoming Community High School District. There is no bill of exceptions in the record before us, and we are therefore unable to tell for what reason the court entered its judgment dismissing the information. The judgment is therefore presumed to be correct. The condition of the record is the same as that found in People v. Glasgow, 301 Ill. 394, and what we said in that case is controlling here.

The judgment of the circuit court is affirmed.

Judgment affirmed.