Parr v. Miller

Citations

• 146 Ill. 596
• 35 N.E. 230

Syllabus

<p>1. School law—formation of new district. The second clause of section 47 of article 3 of the act of May 21, 1889, relating to schools, confers the power upon the trustees of schools to organize a new district out of territory belonging to two or more districts; and when a petition is presented to them, signed by two-thirds.of the legal voters living within a certain territory containing not less than ten families, asking that such territory may be made a new district, as specified in clause 3 of section 48, then the trustees are clothed with authority to act.</p> <p>2. Same—section 48 of article 3 construed. The first and second clauses of section 48 of article 3 of the School law of May 21, 1889, have nothing to do with the organization of a new district. The first clause relates to an application to divide or consolidate districts, and the second relates to an application to detach territory from one district and add the same to another adjacent thereto.</p> <p>3. Same—preserving evidence on which trustees act. Where a petition for the formation of a new district from territory to be taken from other districts is filed with the clerk of the board of trustees within the time prescribed by section 50 of article 3 of the School law of 1889, and notice in writing is served on the boards of directors of the districts from which the territory of the new district is to be taken, the trustees will thereby acquire jurisdiction, and their action forming the new district will be valid, notwithstanding the evidence on which they acted is not incorporated into the record.</p>