Spaulding School District No. 58 v. Waukegan City School District No. 61

While I agree with the result reached in the majority opinion, I am compelled to dissent for the simple reason that a franchise is not involved, within the meaning of section 75 of the Civil Practice Act, so as to give us jurisdiction to entertain the appeal.

It is fundamental that this court only has such appellate jurisdiction as is given to it by law, and that it must, of its own motion, inquire into jurisdiction even though such question has not been raised by the parties. (Freese v. Jeffords, 7 Ill.2d 189; Central Standard Life Ins. Co. v. Davis, 7 Ill.2d 266; In re Estate of Kaindl, 411…