School Directors v. Trustees of Schools

Citations

• 66 Ill. 247

Syllabus

<p>1. School law—districting township. The trustees of schools have power, under the school law, to district, and it is made their duty to district their township into proper divisions to suit the wishes and convenience of a majority of the inhabitants thereof, for school purposes. In this, they are vested with a large discretion, and courts will not attempt to control its exercise, except in a palpable case where a plain violation of law is manifested; and if they err in their action, and no fraud, gross injustice, oppression or corruption is shown, the courts will not interfere.</p> <p>2. And where it may be that the trustees were vacillating, and lacked firmness, and made frivolous excuses for failing to rescind their order in making the districts, and violated promises not to re-district, and their action may not have shown the highest wisdom, it will not be inferred from such facts that they were actuated by fraud or corrupt motives.</p> <p>3. Injunction—damages on dissolution. Where the court, on the dissolution of an injunction, in the assessment of damages, did not allow more than one-half of-the amount which the witnesses swore the attorneys’ services were worth, which appeared to have been a reasonable fee, and the proof showed that the attorney appeared in open court, and argued the motion to dissolve the'injunction: Held, that the proof sustained the finding as to damages, as a retainer of the attorney might be inferred from the facts.</p>