Legal Opinion

Thomas v. Trustees of Schools

Illinois Supreme Court

Decided December 15, 1854Published

The record shows that there are seven school districts in said township thirteen; that Thomas was duly employed as a teacher, from January 9th to March 7th, 1854, in school district No. 1; that before Saturday, the first day of April, 1854, his schedule as such teacher was returned and filed, and certified to by teacher and directors of the district, to the treasurer of the township.

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The record shows that there are seven school districts in said township thirteen; that Thomas was duly employed as a teacher, from January 9th to March 7th, 1854, in school district No. 1; that before Saturday, the first day of April, 1854, his schedule as such teacher was returned and filed, and certified to by teacher and directors of the district, to the treasurer of the township. The directors certified there was due to the teacher, (the plaintiff,) $60. Two of the trustees order the money to be paid, only one other schedule being returned and filed. Subsequently, other schedules came in,…

1Opinion of the CourtScates, J.

The only question presented in this case is, whether the forty-first section of the common school law of 1849, is mandatory or directory, in relation to the distribution of the school fund among the teachers on the first Saturday in April and October. See Acts of 1849, p. 162, Sec. 41.

The court is of opinion that the directions of that section are mandatory. We arrive at this conclusion from the consideration of the whole act; taking into view its other sections in relation to this subject.

By the thirtieth section the trustees are incorporated. As a corporation they are required by the…

2Cases cited3 opinions

  1. Seagraves v. City of AltonIllinois Supreme Court · 1851
  2. Casey v. BaldridgeIllinois Supreme Court · 1853
  3. People ex rel. Skinner v. AuditorIllinois Supreme Court · 1850

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