Trustees of Schools v. People ex rel. Duffy

Citations

• 121 Ill. 552
• 13 N.E. 526

Syllabus

<p>1. School law—formation of new district out of several others. A petition for the formation of a new school district out of three or more school districts, and the affidavits in support thereof, showing that the territory taken from two of the districts will not leave either of them with less than twenty families, nor with taxable property of an assessed value less than $50,000, and as to the third district, that the whole of it will be taken, leaving no part thereof, will be sufficient; and if refused, the granting of such petition will be enforced by mandamus.</p> <p>2. Mandamus—petition not aided by affidavits. Upon demurrer to a petition for a mandamus, the petitioner’s right to the relief sought will depend upon the allegations of the petition, and not upon the fact whether the affidavits filed in support thereof are sufficient to sustain the petition.</p>