Trumbo v. People

Citations

• 75 Ill. 561

Syllabus

<p>1. School districts—new one cannot be formed whose line is brought nearer tlum one mile to any school house. Under section 38 of the school law, no new school district can be legally formed, the boundary line of which shall be nearer than one mile to any school house already built.</p> <p>2. School tax — cannot be resisted on the ground that the district levying the same was illegally formed. Notwithstanding a new school district is illegally formed, this will afford no ground for resisting the collection of taxes levied therein by the directors, as they are defacto officers, exercising an office to which the power to levy a tax is incident. The only mode in which the illegality of the formation of the district can be inquired into, is by an information in the nature of a quo warranto against the directors,</p> <p>3. Officers — acts of de facto officers binding. It is a well settled principle that the acts of officers defacto are as valid and effectual, where they concern the public, or the rights of third persons, as though they were officers de jure, and that the title to an office cannot be decided in a collateral suit, but only in a direct proceeding for that purpose.</p>