People ex rel. Cofoid v. New York Cent. R. Co.
| Decision Date | 20 February 1918 |
| Docket Number | No. 11723.,11723. |
| Citation | 282 Ill. 458,118 N.E. 723 |
| Parties | PEOPLE ex rel. COFOID, County Collector, v. NEW YORK CENT. R. CO. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Putnam County Court; Daniel H. Gregg, Judge.
Application by the People, on the relation of Olden C. Cofoid, County Collector, for judgment and order of sale of real estate of the New York Central Railroad Company, for deliquent taxes. From an order sustaining objections and denying judgment, relator appeals. Reversed and remanded, with directions.
James E. Taylor, State's Atty., of Hennepin (George W. Hunt, of Hennepin, of counsel), for appellant.
Watts A. & Carey R. Johnson, of Princeton, for appellee.
Appellant made application at the June term, 1917, of the county court of Putnam county, for judgment and order of sale of appellee's real estate for delinquent taxes levied for high school purposes in township high school district No. 535, in said county, for the year 1916. The objections thereto were sustained, and judgment denied on June 9, 1917, and appellant prayed an appeal to this court. Subsequently the Legislature passed the validating act of June 14, 1917 (Laws 1917, p. 744), which then became effective. On June 16, 1917, appellant filed a motion to vacate the order of the court sustaining the objections, insisting that the curative act validated the high school district and the acts of the high school board in levying said taxes. On June 23, 1917, the court overruled the motion, and again sustained the objections of appellee and denied judgment. This appeal was perfected.
It is agreed that appellant made a prima facie case for judgment; that said school district was organized June 5, 1916, under section 6 of the act of June 5, 1911 (Laws 1911, p. 505), which act was declared invalid by this court in the case of People v. Weis, 275 Ill. 581, 114 N. E. 331; that said board of education was elected in the territory comprising said district June 17, 1916, and on June 22, 1916, the members met and organized as required by law; that thereafter they pretended to assume, do, and perform the powers delegated to a township high school board of education under the general school law until April 21, 1917, at which time a judgment of ouster was entered against them in the circuit court of said county in a certain suit then and there pending, entitled People v. Gunn, said proceeding being an information in the nature of quo warranto; that they then and there, in pursuance and in compliance with an order of the circuit court in said cause, prayed and perfected an appeal to this court; that said board rented a building and conducted a high school therein for the years 1916 and 1917, employed teachers, purchased a laboratory, supplies, guides, and text-books, and contracted for and extended the credit of the district to pay the teachers and for supplies, books, rent, etc.
Appellee's objections to said taxes are, that said...
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