People v. Rhodes

Appellate Court of Illinois

People v. Rhodes

109 Ill. App. 110, 1902 Ill. App. LEXIS 394

CourtAppellate Court of Illinois

DecidedApril 30, 1903

StatusPublished

Cited by1 cases

This text of 109 Ill. App. 110 (People v. Rhodes) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. Rhodes, 109 Ill. App. 110, 1902 Ill. App. LEXIS 394 (Ill. Ct. App. 1903).

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Opinion

Mr. Presiding Justice Wright

delivered the opinion of the court.

This was an information in the nature of a quo warranto against the defendants as school directors, and the court having sustained a demurrer to the information gave its judgment accordingly, and this writ of-error is prosecuted to reverse the judgment. The district of the respondents was organized out of territory belonging to "two other districts, and the petition for organization to the trustees of schools was signed by two-thirds of the legal voters in the territory proposed for the new district without referenced to the old districts in which they resided, and the point is made that because such petition was not signed by two-thirds of the legal voters in each of the old districts affected, that no authority existed in the trustees or the county-superintendent, to whom the case had been appealed, to form a new district out of such territory. But the answer to this is, that the Supreme Court has otherwise construed section 48 of the school law, under which the organization of the new district was affected, in Parr v. Miller, 146 Ill. 599, and the decision of the trial court seems to be in conformity to the views expressed in the opinion in that case. The judgment will be affirmed.

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Mr. Presiding Justice Wright

delivered the opinion of the court.

This was an information in the nature of a quo warranto against the defendants as school directors, and the court having sustained a demurrer to the information gave its judgment accordingly, and this writ of-error is prosecuted to reverse the judgment. The district of the respondents was organized out of territory belonging to "two other districts, and the petition for organization to the trustees of schools was signed by two-thirds of the legal voters in the territory proposed for the new district without referenced to the old districts in which they resided, and the point is made that because such petition was not signed by two-thirds of the legal voters in each of the old districts affected, that no authority existed in the trustees or the county-superintendent, to whom the case had been appealed, to form a new district out of such territory. But the answer to this is, that the Supreme Court has otherwise construed section 48 of the school law, under which the organization of the new district was affected, in Parr v. Miller, 146 Ill. 599, and the decision of the trial court seems to be in conformity to the views expressed in the opinion in that case. The judgment will be affirmed.

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109 Ill. App. 110, 1902 Ill. App. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rhodes-illappct-1903.

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