Folsom v. School Directors of District No. 5

Citations

• 91 Ill. 402

Syllabus

<p>1. Pleading—of the declaration—in suit against school directors. It is not necessary, in a declaration against a quasi corporation of limited powers, such as the school directors of a district, that the cause of action should be specifically set out, so that the court may see affirmatively that the liability sued upon is one authorized by the statute. Where the common counts are used, and there is any case embraced in them for which the defendants under any circumstances could become liable, the allegations contained therein must be held to embrace everything in detail .necessary to sustain the action.</p> <p>2. School directors—power to borrow money for school house. For the purpose of building school houses, purchasing school sites, or for repairing or improving the same, school directors, by a vote of the people of their district, are authorized to borrow money, and give bonds therefor executed by any two of them.</p> <p>3. Same—power to give notes or orders. The power to borrow money Carries with it, at common law, independent of the statute, the power to give evidence of the loan. The power in school directors to give bonds for money borrowed, given by statute, is not a limitation, but an enlargement of their powers. An order given by them on their treasurer, or other simple evidence of indebtedness for money borrowed for school house purposes, is valid, and may be enforced against the district.</p>