Legal Opinion

Shoudy v. School Directors, &c.

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 13 opinions

Writ of Error to the Circuit Court of Lee Countj; the Hon. John Y. Eustace, Judge, presiding. This was an action of forcible entry and detainer, commenced before a justice of the peace in Lee county, upon the following complaint: State of Illinois, ) Lee County. \ SS‘ The complaint of Christopher Yandeventer, Robert Smith and George Hollenbeck, directors of school district Ho. 1, in town 38, range 2 east, in said county, upon the oath of George Hollenbeck, one of the said…

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Writ of Error to the Circuit Court of Lee Countj; the Hon. John Y. Eustace, Judge, presiding. This was an action of forcible entry and detainer, commenced before a justice of the peace in Lee county, upon the following complaint: State of Illinois, ) Lee County. \ SS‘ The complaint of Christopher Yandeventer, Robert Smith and George Hollenbeck, directors of school district Ho. 1, in town 38, range 2 east, in said county, upon the oath of George Hollenbeck, one of the said directors. Owen Cornell, one of the justices of the peace of said county, is informed and given to understand that Israel…

1Opinion of the CourtChief Justice Caton

The first objection is, that the proper names of the school directors constituting the corporation, were originally inserted in the record, and afterwards stricken out by the order of the court. We have so often decided that it was proper to strike out the individual names of the corporators as surplusage, in- cases like this, that it would now be improper to add more than that the court decided properly.

It is next objected, that these school directors, who were the corporators, were improperly permitted to testify as witnesses on the trial. Even if these directors were not competent…

2Cited by13 opinions

  1. Botkin v. OsborneIllinois Supreme Court · 1866
  2. Fisher v. BirkeyIllinois Supreme Court · 1923
  3. Boardman v. ThompsonMontana Supreme Court · 1879
  4. Thomson v. ReynoldsUtah Supreme Court · 1918
  5. Town of North Judson v. Chicago & Erie RailroadIndiana Court of Appeals · 1920

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