Legal Opinion

Martin v. Jamison

Appellate Court of Illinois

Decided May 21, 1891PublishedCited by 7 opinions

.Appeal from the Circuit Court of Henderson County; the Hon. Jons C. Bagby, Judge, presiding. This suit is brought by appellants against appellees. The complainants in the suit, some forty and more in number, aver that they were residents of and taxpayers in school district Ho. 9, Township Ho. 10 H, E.4¥. 3d P. M., in Henderson County.

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.Appeal from the Circuit Court of Henderson County; the Hon. Jons C. Bagby, Judge, presiding. This suit is brought by appellants against appellees. The complainants in the suit, some forty and more in number, aver that they were residents of and taxpayers in school district Ho. 9, Township Ho. 10 H, E.4¥. 3d P. M., in Henderson County. Within the district is maintained a graded school divided into three departments viz.: primary, intermediate and high, employing a teacher in each department or grade. The teacher in the highest department acts as teacher and principal, having charge and…

1Opinion of the CourtUpton, J.

The errors complained of in the Circuit Court • are:

1st. In dismissing the original and supplemental bills.

2d. The assessment of damages in defendant’s favor on dissolution of the injunction and without a hearing of the case on its merits.

3d. That the assessment of damages were improper and excessive.

First. We are of the opinion that the original and amended bills as filed made a case for equitable jurisdiction, at the least by way of injunction. It was averred in the original bill that a majority of the directors of school district No. 9, who were made parties defendants to the bill,…

2Cases cited8 opinions

  1. Blair v. ReadingIllinois Supreme Court · 1881
  2. Pool v. DockerIllinois Supreme Court · 1879
  3. Jackson v. NorrisIllinois Supreme Court · 1874
  4. Hummert v. SchwabIllinois Supreme Court · 1870
  5. Weaver v. PoyerIllinois Supreme Court · 1873

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Fry v. RadzinskiIllinois Supreme Court · 1906
  2. Clabby v. SheldonAppellate Court of Illinois · 1893
  3. Felkner v. WinninghamSupreme Court of Oklahoma · 1915
  4. Oklahoma Cotton Growers' Ass'n v. HoovenSupreme Court of Oklahoma · 1928
  5. Dempster v. LansinghAppellate Court of Illinois · 1906

2 more not listed; retrieve them via the Exa API.

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