Legal Opinion

School Directors of District No. 5 v. School Directors of District No. 10

Illinois Supreme Court

Decided September 15, 1874PublishedCited by 20 opinions

'Appeal from the Circuit Court of Winnebago county; the Hon. William Brows, Judge, presiding. This was a bill in chancery, filed by the school directors of district Ho. 10, in township 43, in Winnebago county, against the school directors of district Ho. 5, in the same township, to compel the payment by the defendant to the complainant, or to the trustees of schools of township 43 . for the use of complainant, of the amount of an estimate and award made by the trustees of…

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'Appeal from the Circuit Court of Winnebago county; the Hon. William Brows, Judge, presiding. This was a bill in chancery, filed by the school directors of district Ho. 10, in township 43, in Winnebago county, against the school directors of district Ho. 5, in the same township, to compel the payment by the defendant to the complainant, or to the trustees of schools of township 43 . for the use of complainant, of the amount of an estimate and award made by the trustees of schools, of the school fund, to be paid by the defondant to the trustees of schools for the use of complainant, as a new…

1Opinion of the CourtChief Justice Walker

It is first urged that, when district Ho. 10 was formed, there was no law in this State which authorized the trustees to apportion the school fund and property of the districts out of which the new district is formed. It is insisted that there is no 33d section of the amended school law of 1865. Whilst this maybe true, and the reference to the 33d section of the amended school law in the order passed by the trustees was erroneous, the criticism seems to be hypercritical, as there is a 33d section of a school law, and that school law was amended at that session. Had the trustees referred to it…

2Cases cited1 opinion

  1. Munson v. MinorIllinois Supreme Court · 1859

3Cited by20 opinions

  1. Harper v. StateSupreme Court of Alabama · 1895
  2. State v. RobinsonOregon Supreme Court · 1897
  3. Johnson v. SchraderWyoming Supreme Court · 1973
  4. Illinois Central Railroad v. PeopleIllinois Supreme Court · 1892
  5. Fortune v. Commissioners.Supreme Court of North Carolina · 1905

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