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PEOPLE EX REL. KOCH v. WILSON

Gen. No. 10,556.

346 Ill. App. 175 (1952)

104 N.E.2d 559

People of State of Illinois ex rel. Charles Koch et al., Plaintiffs-Appellees, v. William J. Wilson et al., Defendants-Appellants.

Appellate Court of Illinois.

Released for publication March 31, 1952.

Attorney(s) appearing for the Case

B.H. HUSCHEN, and ARBER, SWAIN & JOHNSON, all of Peoria, for certain appellants; TIMOTHY W. SWAIN, and MISHAEL O. GARD, both of Peoria, of counsel.

EDWARD F. RIELY, of Minonk, for appellees.

MR. JUSTICE WOLFE delivered the opinion of the court.

This is an action in quo warranto, but there was no trial below upon the merits. It comes to us upon an appeal from the order of the circuit court of Woodford county, Illinois, sustaining plaintiffs' motion to strike defendants' amended answer as being insufficient in law to constitute a defense to the amended complaint.

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