[DOWNLOAD] "Dolan v. Whitney" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Dolan v. Whitney
- Author : Supreme Court of Illinois
- Release Date : January 20, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This appeal involves the controversy which was before us earlier in People ex rel. Dolan v. Dusher, 411 Ill. 535. On August 2, 1950, Louis A. Dolan and others filed petitions with the county judge of Winnebago County, seeking to detach from Community Unit School District No. 321 the territory of certain former common school districts, and to re-establish those former districts. The petitions were filed under section 8-6 of the School Code as it then existed. (Ill. Rev. Stat. 1949, chap. 122, par. 8-6.) The county court found that there had been compliance with the statute, granted the petitions, and ordered that the territory of certain former common school districts be detached from the community unit school district and organized into common school districts. Clifford Whitney and others, individually and as members of the Board of Education of district No. 321, prosecuted an appeal from the order of the county court to the circuit court of Winnebago County, pursuant to section 8-7 of the School Code. (Ill. Rev. Stat. 1949, chap. 122, par. 8-7.) On April 9, 1951, the circuit court found that the petitions for detachment conformed to section 8-6 of the School Code, as it was amended in 1949, but reversed the order of the county court on the ground that section 8-6 was not in effect because it had been repealed by implication by an amendment to section 8-14 of the School Code which was also adopted at the 1949 session of the General Assembly. We do not set forth or comment upon the process by which the circuit court reached its conclusion that a repeal by implication had taken place, because the case, as it is presently posed, does not depend upon that question.