School Directors of District No. 3 v. Fogleman

Citations

• 76 Ill. 189

Syllabus

<p>1. Building school house—«ote necesswry before. Under section 48 of the school law of 1865, it is unlawful for the school directors to build a school house without a vote of the people of the district on the question, and if they do so, their act will be null and void, and their orders drawn on the township treasurer in payment for building the same will be void even in the hands of an assignee, and the successors of such directors may question the same.</p> <p>2. School directors—powers limited. School directors can exercise no other powers than those expressly granted, or such as may be necessary to carry into effect a granted power.</p> <p>3 School house—whether the building of legalized by subsequent acts. Where school directors had built a school house for their district, without any vote of the people, it was held, that the levying of a tax to defray the expenses, and the acceptance of the building and teaching school therein, could not legalize the act, or bind the tax-payers. The tax-payer was not bound to pay such tax.</p> <p>4. Ratification of unauthorized act. Where public officers do an act in the absence of any power, it is void, and can not be subsequently ratified or made valid for any purpose.</p> <p>5. Assignee—when he takes subject to defense. Where public officers, such as school directors, issue negotiable paper of the corporation without authority of law, a purchaser of such paper can not be an innocent holder, as he is bound to look to the authority to issue the same.</p>