Legal Opinion

Adkins v. Mitchell

Illinois Supreme Court

Decided January 15, 1873PublishedCited by 5 opinions

Appeal from the Circuit Court of Cass county; the Hon. Thomas F. Tipton, Judge, presiding. This was a suit brought by William J. Mitchell against Solomon Adkins and James Biggs, directors of school district No. 3, township 17 north, range 8 west, before a justice of the peace. The plaintiff recovered, and the defendants appealed to the circuit court, where a judgment was rendered in favor of the plaintiff for $150 and costs.

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Appeal from the Circuit Court of Cass county; the Hon. Thomas F. Tipton, Judge, presiding. This was a suit brought by William J. Mitchell against Solomon Adkins and James Biggs, directors of school district No. 3, township 17 north, range 8 west, before a justice of the peace. The plaintiff recovered, and the defendants appealed to the circuit court, where a judgment was rendered in favor of the plaintiff for $150 and costs. On appeal to this court a stipulation was filed that the case should be considered as if docketed and the judgment had been rendered against the directors of school…

1Opinion of the CourtJustice Thornton

The proof is satisfactory, in this case, that, when the contract was made for the employment of Mitchell as a teacher, two of the directors consented to it; that the proper certificate required by law was exhibited to them ; that the school was taught, and that a schedule was made out by the teacher and presented to one of the directors, and that he signed and retained it.

The proper conclusion from the testimony is, that a majority of the board of directors made the contract with the teacher. It was a valid contract when Adkins was elected. Some attempt was made to change it in regard to the…

2Cited by5 opinions

  1. People ex rel. Emmerson v. LeeIllinois Supreme Court · 1924
  2. School District No. 25 v. StoneColorado Court of Appeals · 1900
  3. People v. SuhreAppellate Court of Illinois · 1901
  4. School Directors v. SpragueAppellate Court of Illinois · 1898
  5. School District No. 25 v. StoneColorado Court of Appeals · 1900

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