Fitzsimmons v. Board of Education

The court granted a rehearing in this case upon the petition of counsel for Fitzsimmons, plaintiff in error in this court. His contention that Charles L. Capen had no authority to sue out the writ of error as president of the Board of Education of the State of Illinois was the principal reason for granting a rehearing, but we have again considered the other questions passed upon in our opinion.

Counsel for plaintiff in error say that in its last analysis the question to be determined in deciding this case is whether anyone appeared in the trial court and represented the State Board of…