Glidden v. Hopkins
| Decision Date | 30 September 1868 |
| Citation | 1868 WL 5034,47 Ill. 525 |
| Parties | JOSEPH F. GLIDDEN et al.v.SAMUEL F. HOPKINS, for the use of JOHN H. DEWEY. |
| Court | Illinois Supreme Court |
WRIT OF ERROR to the Circuit Court of DeKalb county; the Hon. THEODORE D. MURPHY, Judge, presiding.
The facts in this case are fully stated in the opinion.
Mr. R. L. DEVINE, for the plaintiffs in error.
Mr. J. H. MAYBORNE, for the defendant in error.
This was an action in the DeKalb Circuit Court, brought by Samuel F. Hopkins, against Joseph E. Glidden and others, as directors of school district no. 7, in township 40 north, range 4 east of the third principal meridian, on the following instrument in writing:
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¦“STATE OF ILLINOIS, ¦)¦ ¦
+--------------------+-+-------¦
¦County of DeKalb. ¦)¦No. 59.¦
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Treasurer of Township No. 40 North, Range 4 in said county:
Pay to S. F. Hopkins or bearer, the sum of eighty dollars, out of any money belonging to School District No. 7, in said township; interest, ten per cent. per annum, and due two years after date.
By order of the Board of Directors of said district.
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¦ ¦J. V. RANDALL, ¦)¦ ¦
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¦$80.00. ¦H. THOMPSON, ¦)¦Directors.¦
+---------------+---------------+-+----------¦
¦May 10th, 1865.¦R. T. PHILLIPS,¦)¦ ¦
+--------------------------------------------+
Per Randall.”
On the trial of the cause before a jury, the plaintiff offered in evidence, to sustain the issue on his part, the original instrument, to the admission of which, the defendants objected, for the reason that the writing did not show on its face for what purpose it was drawn, or what indebtedness it was to pay, and for the reason that it was a time obligation, bearing interest, and not for the payment of money on demand, and for the further reason that it did not purport to be signed by the directors individually, but by another person on their behalf.
The court overruled the objections, to which exception was taken, and such proceedings were had as to result in a verdict and judgment for the plaintiff, for the amount specified in the writing, with interest. To reverse this judgment, the defendants bring the record here by writ of error. This ruling of the court, in admitting the writing in evidence, presents the principal point in the case, and on which it must turn.
The force of the main objection, is perceived by a reference to the act of the general assembly, to establish and maintain a system of free schools. That act provides for the election, in each school district, of three persons as school directors. When elected and qualified, they become a corporation, and have perpetual succession....
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Jones v. Brightwood Independent School District, No. 1, Richland County
...129 So. 824. The legislature may not by statute violate a constitutional provision. Mumm v. Lentz, 256 Mich. 233, 239 N.W. 298; Glidden v. Hopkins, 47 Ill. 525; Directors v. Fogelman, 76 Ill. 189; Lewis v. Shreveport, 108 U.S. 282; Marsh v. Fulton Co. 10 Wall. 676; Ryan v. Lynch, 68 Ill. 16......
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Sch. Directors v. Jennings
...v. The People, 71 Ill. 532. School directors have no powers except such as are given them by statute: Dillon on Mun. Cor. § 9; Glidden v. Hopkins, 47 Ill. 525; Spring v. Wright, 63 Ill. 90; Wells v. The People, 71 Ill. 532; Beers v. Board of Education, 72 Ill. 508; School Directors v. Fogle......
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Hall v. the County of Jackson.
... ... Cor. 406.There can be no ratification except by the electors in their corporate capacity: Taylor v. Wayne, 25 Iowa, 447; Glidden v. Hopkins, 47 Ill. 525.The sums paid as interest may be deducted from the principal of the orders: Mitchell v. Lyman, 77 Ill. 525; Saylor v ... ...
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Trustees of Sch. v. Stokes
...powers, and until authorized by an order of the board of trustees, have no right to receive any portion of this fund: Glidden et al. v. Hopkins, 47 Ill. 525; Newell v. School Directors, 68 Ill. 514; Wells v. The People, 71 Ill. 532; Peers v. Board of Education, 72 Ill. 508; School Directors......