People v. Lake Street Elevated Railroad (54 Ill. App. 348, 1894)

Mr. Justice Gary

delivered the opinion of the Court.

With very slight additions which will follow Judge Brentano’s opinion herein copied, that opinion states the facts involved in this controversy.

That opinion is as follows;

“ Brentano, J. On the 5th inst. there was presented to this court a petition signed by the state’s attorney, Jacob J. Kern, together with the affidavits of Valentine C. Brahm, "William H. Sullivan, Henry Lovi and Gustaf H. Carlson.”

“ The petition asked for leave to file an information in the nature of a quo warranto against the Lake Street Elevated Railroad Company, requiring said company to appear and show by what authority it uses and claims the franchise of laying, constructing, maintaining and operating an elevated railroad upon West Lake street and other public streets in the city of Chicago, and in support of such application, the state’s attorney filed the affidavits of the parties above mentioned, and prayed the court to consider the said affidavits as part of the petition.”

“ The affidavits of Brahm, Lovi and Sullivan set forth and claimed that no petition of the owners of land representing more than one-half the frontage on West Lake street, between the west line of Canal street and Crawford avenue, was ever filed with the city council, consenting to the construction of an elevated railroad upon Lake street. And further, on information and belief, that the Lake Street Elevated Railway Company which secured certain ordinances on November 24, 1890, was not legally incorporated and never had any legal corporate existence.”

Brahm likewise set forth that he was the owner of property known as No. 1099 West Lake street. Sullivan set forth that he was the owner of property known as 1088 West Lake street.

“ The affidavit of Lovi set forth that he was a resident of Hinsdale, and was the owner of land fronting on West Lake street on the line of the elevated railroad.”

“ The .affidavit of Brahm, Sullivan and Lovi do not appear to have been made upon any personal examination or inspection of the records concerning the matters to which they make affidavit.”