Alderman v. School Directors

Citations

• 91 Ill. 179

Syllabus

<p>1. School district—legality of, how questioned. The legality of the formation of a school district can not be inquired into in a collateral proceeding, but in such proceeding the district must be taken to have been rightfully formed. The only mode in which an alleged illegality can be inquired into and taken advantage of is by an information in the nature of a quo warranto.</p> <p>2. In an action of trespass by school directors for breaking into a schoolhouse in their possession, brought before a justice of the peace, under the plea of mil liel corporation it is sufficient for the plaintiffs to show a defacto corporation or district, and they are not bound to show that the district was legally formed, to maintain the action.</p> <p>3. Trespass—school directors may maintain. School directors in the actual occupancy of a school-house for school purposes, may maintain trespass for breaking and entering the same by an unauthorized person, although the legal title to the property may be vested in the trustees of schools,—and temporary occupation of the house by the defendants, through devices to obtain possession, will not take away the right of action in the directors.</p>