Haugens v. Chicago & A.R. Co.

• Decision Date: 21 October 1918
• Docket Number: No. 11764.,11764.
• Citation: 120 N.E. 454,285 Ill. 232
• Court: Illinois Supreme Court
• Parties: PEOPLE ex rel. HAUGENS, County Collector, v. CHICAGO & A. R. CO. et al.

285 Ill. 232

120 N.E. 454

PEOPLE ex rel. HAUGENS, County Collector,

v.CHICAGO & A. R. CO. et al.

No. 11764.

Supreme Court of Illinois.

Oct. 21, 1918.

Appeal from Marshall County Court; D. H. Gregg, Judge.

Proceeding for the sale of land for delinquent taxes by the People, on the relation of Bernard Haugens, County Collector, against the Chicago & Alton Railroad Company and others. From judgment denying motion by the county collector to strike certain objections, and sustaining them, the collector appeals. Reversed, and cause remanded, with directions to overrule the objections.

Andrew E. Tracey, of Toluca, Acting State's Atty. (F. J. Quinn, C. V. O'Hern, and C. W. Heyl, all of Peoria, of counsel), for appellant.

Barnes & Magoon, of Lacon, for appellees.

COOKE, J.

The county collector of Marshall county made application at the June term, 1917, of the county court for judgment and order of sale against the lands of appellees for delinquent high school taxes for high school district No. 10, in Marshall county. This high school district was organized under the act of 1911 (Laws 1911, p. 505), which has been held to be invalid. The only matters presented to the trial court were the validity of the tax levy and the effect of the validating act of June 14, 1917 (Laws 1917, p. 744). The application was made after the passage of the validating act of June 14, 1917, and when objections were filed by appellees that the district, having been organized under the act of 1911, was invalid, the county collector moved to strike the objections upon the ground that the curative act had validated the district and legalized the acts of the board of education. The county court denied the motion and sustained the objections, and the collector has perfected this appeal.

Quo warranto proceedings had been instituted in the circuit court of Marshall county, and on March 5, 1917, a judgment of ouster was entered therein, which judgment, on review by writ of error, has been reversed by this court. People v. Wright (No. 11557) 284 Ill. 339, 120 N. E. 242.

We have held that the curative act of June 14, 1917, legalized the districts organized in the manner in which this district was organized (People v. Madison, 280 Ill. 96, 117 N. E. 493;People v. Stitt, 280 Ill. 553, 117 N. E. 784;People v. Fifer, 280 Ill. 506, 117 N. E. 790;People v. Ryan, 281 Ill. 231, 117 N. E. 992;People v. Craft, 282 Ill. 483, 118 N. E. 777); and we have also held that the curative act...