Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 71 (September Term, 1873, And January Term, 1874)

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From this, it is evident the plaintiff acquired no lien, for the rea- 286 Thomas v. Urbaxa School District. [Jan. T.
Opinion of the Court.
son that the board had no title of any character in and to the premises.
It is insisted by the plaintiff, the board was acting; as agent, and that the act is binding upon the principal. The board did not claim or pretend to act as agent of any person or corporation. They were acting in the capacity of public officers, an office to which they had been elected
... by the people of the town of Urbana. They can not be said to be agents, in the sense in which that term is ordinarily used.
Aside from the fact that the act does not authorize the pro- ceeding, the position assumed by the plaintiff, if carried into effect, would, in many cases, be disastrous in its consequences to the school interests of the country.
A school district has to rely mainly upon taxation to raise money to pay its indebtedness. This is its only resource to obtain revenue with which to discharge the claims against it.


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