Board of Education of Earlville Community High School District No. 380 v. Board of Education of Non-High School District

Mr. Presiding Justice Boggs

delivered the opinion of the court.

An action in assumpsit was instituted by appellee against appellant in the circuit court of LaSalle county, to recover the balance alleged to be due from appellant for the years 1925-1926 and 1926-1927 for the attendance of non-high school district pupils at the Earlville community high school.

The declaration consisted of the common counts, to which appellant filed a plea of the general issue, accompanied by a stipulation that all proper defenses might be made under the same, as though specially pleaded. A jury was waived and a…