Badger v. Knapp

• Court: Appellate Court of Illinois
• Writing for the Court: PER CURIAM.
• Citation: Badger v. Knapp, 7 Ill.App. 222, 7 Bradw. 222 (Ill. App. 1880)
• Decision Date: 31 May 1880
• Parties: SOLOMON M. BADGERv.THOMAS S. KNAPP.

7 Ill.App. 222

7 Bradw. 222

SOLOMON M. BADGER

v.THOMAS S. KNAPP.

Appellate Court of Illinois, Third District.

May Term, 1880.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Mason county; the Hon. LYMAN LACEY, Judge, presiding. Opinion filed October 6, 1880.

Messrs. DEARBORN & CAMPBELL, for appellant; that the superintendent has no power to make a change, and can only approve the action of the board of trustees, cited Thompson v. Beaver, 63 Ill. 353.

The presumption is in favor of the regularity of the acts of the school officers, and to question their acts the action should have been by quo warranto: Huck v. Trustees, 87 Ill. 41; Alderman v. School Directors, 91 Ill. 179.

Certiorari is not a writ of right, but issues only on special cause shown: Trustees v. School Directors, 88 Ill. 100.

Mr. J. B. BROWN, for appellee; that trustees of schools have no power to form, or refuse to form a school district; but must give effect to the will of the voters, as expressed in the petition cited, Trustees v. The People, 76 Ill. 621.

PER CURIAM.

Upon the dissolution of a union school district composed of territory lying partly in Logan and partly in Mason counties, the board of trustees of township twenty-one, range five, in Mason county, failed to make any order touching the territory so detached. A writ of mandamus was then prosecuted, requiring them to make some disposition of the same, so as to give the inhabitants thereof the benefit of the schools in same district already organized. Thereupon they made an order attaching this territory to Union District No. 2, from which order an appeal was take to the county superintendent, who reversed the action of the board of trustees, but failed to make any disposition of this territory in question. Appellee thereupon filed his petition in the circuit court for a common law writ of...