School Directors v. Miller

Citations

• 49 Ill. 494

Syllabus

<p>1. Schools—districts-—when divided—until division of the property and, debts is made as required by statute—each district bound to pay its own debts. School District Ho. 2 was divided, and a new district formed, known as District Ho. 6. After the division, district 6 contracted a debt for school purposes, and subsequently the two were consolidated into one district, known as District Ho. 2. Afterwards, a re-division of this consolidated district was made, and District No. 5 was re-organized with all its former territory. Held, in an action against District No. 2, for the debt contracted by No. 6, that the defendant could not be held liable, it appearing that District No. 2 never received any benefit therefrom, but that the debt was made by District No. 6, for its own'use ; that at the time of the commencement of the suit, District No. 6 existed as a separate school district, and that upon the re-division of the consolidated district, no apportionment of the.property, funds and liabilities had been made by the trustees, as required by the statute, whereby the payment of the debt had fallen upon District No. 2.</p> <p>2. Where a school district is divided and a new one formed, the statute requires that the township trustees shall make a division of the property, funds and liabilities, in a just and equitable manner, and until such division is made, each district is bound to pay its own debts.</p>