The People ex rel. Brewster v. Board of Trustees

Citations

• 111 Ill. 171

Syllabus

<p>1. Corporation — legality of its existence — in what proceeding it may be questioned. Where the legality of the existence of a corporation is intended to be questioned, it must be done by a direct proceeding against it in the nature of a quo warranto or scire facias. Such question can not be tried in a mandamus proceeding.</p> <p>2. So in a proceeding by mandamus to compel the school trustees of a township to appoint appraisers to value school property preparatory to a division between an old and a new school district, the court has no jurisdiction to inquire into the legality of the organization of the new distiict.</p>