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Leffler v. Browning

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eBook details

  • Title: Leffler v. Browning
  • Author : Supreme Court of Illinois
  • Release Date : January 20, 1958
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Pursuant to the provisions of section 76 of the Civil Practice Act, (Ill. Rev. Stat. 1957, chap. 110, par. 76,) we granted
plaintiffs leave to prosecute this appeal from the decree of the circuit court entered August 29, 1957, confirming the order
of the county superintendent of schools of Franklin County calling an election to establish a community unit school district. The main thrust of plaintiffs' argument is aimed at the alleged unconstitutionality of House Bills 888 and 941, which were
enacted as sections 8-9 of the School Code of 1955, (Ill. Rev. Stat. 1955, chap. 122, pars. 8-9,) while peripherally they
urge numerous non-constitutional errors. These contentions are set forth in their brief as follows: "(a) Sections 8-9 and
8-9 of the School Code are unconstitutional in that said sections are discriminatory, special legislation, and inconsistent,
in violation of Section 22, Article IV, Illinois Constitution; that said sections are discriminatory, set forth different
rates of taxation without reasonable grounds therefor, are arbitrary classifications for taxation which is not uniform in
respect to persons and property, in violation of Article IX, Section 1, and Article IX, Section 9 of the Illinois Constitution.
(b) The petition is not sufficient as a matter of law. (c) The notice is not sufficient as a matter of law. (d) The hearing
was improperly conducted as a matter of law. (e) The order is not sufficient as a matter of law. (f) The order has not been
served on the parties affected thereby. (g) That substantial injustice resulted to plaintiffs from errors committed during
said proceedings. (h) And for other reasons." Under assignment (h) the plaintiffs have enumerated 68 alleged errors in the
proceedings, the final specification being, "And for other and further reasons."


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