Sch. Directors of Dist. No. 3 v. Fogleman
| Decision Date | 31 January 1875 |
| Citation | 76 Ill. 189,1875 WL 8166 |
| Parties | SCHOOL DIRECTORS OF DISTRICT NO. 3, T. 9 N. R. 8.v.ANDERSON FOGLEMAN, for use, etc. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Cumberland county; the Hon. J. C. ALLEN, Judge, presiding. This was an action of assumpsit, brought by Anderson Fogleman, for the use of Reuben Bloomfield, against the school directors of district No. 3, in township 9 N., range 8, in Cumberland county, Illinois, upon three orders drawn by previous directors on the township treasurer. The defendants pleaded, first, the general issue; secondly, that no vote of the people of the district was ever had, or attempted to be had, authorizing the building of the school house, in part payment for the building of which said orders were issued, and thirdly, failure of consideration. The orders on their face showed that they were given in part payment for building a school house in the district. A trial was had before the court without a jury, who found for the plaintiff and rendered judgment for the amount due on the orders, and from this judgment the defendants appeal.
Mr. J. W. WILKIN, for the appellants.
Mr. H. B. DECIUS, for the appellee.
This was assumpsit, in the Cumberland circuit court, counting upon three orders drawn by a majority of the school directors of district No. 3, in township 9 north, range 8, in that county, in favor of A. Fogleman or order, on the treasurer of that town, one for seventy-five dollars, and two for fifty dollars each, all bearing interest at ten per cent, each of them purporting to be in part pay for building a school house in that district, and drawn payable out of any money belonging to the district specified.
The general issue was pleaded, and also a special plea averring that no vote of the people of the district was had authorizing the building of the school house, and a plea of failure of consideration.
A jury was waived, and the cause tried by the court, who found for the plaintiff and assessed the damages at two hundred thirty dollars forty cents, and rendered judgment for the same. The school directors appeal.
Appellants are the successors of the drawers of these orders, and have a clear right to question their legality, and the authority of their predecessors to draw them.
It is conceded no vote of the people of the district was had authorizing the building of this school house. The orders purport, on their face, to be for such purpose, and it was no difficult matter for any person about negotiating them to ascertain if a vote had been taken. The returns of such an election are, by law, made to the town...
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