Fisher v. Birkey

The question to be decided on this appeal is whether an order of the county superintendent of schools of Tazewell county creating school district No. 118, composed of territory taken from four townships, made on appeal from adverse orders of the several boards of trustees of the townships, was the lawful exercise of the discretion committed to superintendents of schools by the statute, or was unjust, unreasonable and oppressive and subject to be set aside and annulled by a court of equity. The question first arose on demurrer to the amended bill of complaint, when a demurrer was sustained and…