Hay v. People
This text of 59 Ill. 94 (Hay v. People) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is a proceeding in the nature of a writ of quo warranto.
The 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.
These words can not be dispensed with. They constitute matter of substance, and advantage can be taken of their omission, in arrest or on error.
This 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.
The judgment is reversed.
Judgment reversed.
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59 Ill. 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hay-v-people-ill-1871.