{
  "id": 5333447,
  "name": "Al Doelling et al., Appellants, vs. Board of Education of Community School District No. 88, Washington County, Appellee",
  "name_abbreviation": "Doelling v. Board of Education of Community School District No. 88",
  "decision_date": "1959-06-11",
  "docket_number": "No. 35259",
  "first_page": "145",
  "last_page": "146",
  "citations": [
    {
      "type": "official",
      "cite": "17 Ill. 2d 145"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "381 Ill. 498",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2557166
      ],
      "pin_cites": [
        {
          "page": "501"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/381/0498-01"
      ]
    },
    {
      "cite": "344 Ill. 483",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5258591
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/344/0483-01"
      ]
    }
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  "analysis": {
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    "sha256": "3a18b4597382559873313926181bb257ce3fbaae2d6f5895531833c337f235cb",
    "simhash": "1:f7066ac6c8d9d44c",
    "word_count": 418
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  "last_updated": "2023-07-14T22:46:15.157400+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Al Doelling et al., Appellants, vs. Board of Education of Community School District No. 88, Washington County, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Klingbiel\ndelivered the opinion of the court:\nOn November 6, 1958, certain residents of Community High School District No. 88, Washington County, filed a petition in the circuit court to contest an election at which the proposition was approved to build an addition on the high school and issue bonds in the amount of $300,000. The petition was not verifiedand upon defendant\u2019s motion the proceeding was dismissed for lack of jurisdiction, on December 8, 1958. Plaintiffs thereafter, on December 26, 1958, sought leave to. amend, accompanying their motion with a form of jurat to be made part of the petition. The motion was overruled, and plaintiffs appeal.\nTo reverse tbe order plaintiffs present, under the heading \u201cPoints and Authorities,\u201d a number of quotations. No argument is made, other than a general statement that defendant\u2019s contentions in the trial court do violence to the law. We think the circuit court was correct in overruling the motion to amend. An election contest is a statutory proceeding, and the procedure prescribed therefor must be strictly followed. (Girhard v. Vost, 344 Ill. 483.) It has been said that \u201cthe requirement that the person desiring to contest an election shall file a statement, verified by affidavit, is jurisdictional, and if . the'statement is not sworn to . the court has no jurisdiction of the cause.\u201d Flake v. Pretzel, 381 Ill. 498, 501.\nBy the requirements of sections 23 \u2014 20 and 23 \u2014 24 of .the Election Code (Ill. Rev. Stat. 1957, chap. 46, pars. 23 \u2014 20 and 23 \u2014 24,) the procedures of which are made applicable to school elections by section gA \u2014 20 of the School Code (Ill. Rev. Stat. 1957, chap. 122, par. 5A \u2014 20,) the petition must be verified and it must be filed within 30 days after the result of the election has been determined. In the present case no verification appeared, the 30-day period had expired before motion to amend was made, and the order dismissing the petition had already been rendered.\nIn election contests there must be finality and to this end the legislature added the provision making the verification. of the petition a jurisdictional requirement.\nThe orders of the circuit court dismissing the petition and denying leave to amend are affirmed.\nOrders affirmed,",
        "type": "majority",
        "author": "Mr. Justice Klingbiel"
      }
    ],
    "attorneys": [
      "F. E. Merrills, of Belleville, for appellants.",
      "Lindauer, Lindauer, Pessin & Nieman, of Belleville, for appellee."
    ],
    "corrections": "",
    "head_matter": "(No. 35259.\nAl Doelling et al., Appellants, vs. Board of Education of Community School District No. 88, Washington County, Appellee.\nOpinion filed June 11, 1959\nRehearing denied September 22, 1959.\nF. E. Merrills, of Belleville, for appellants.\nLindauer, Lindauer, Pessin & Nieman, of Belleville, for appellee."
  },
  "file_name": "0145-01",
  "first_page_order": 145,
  "last_page_order": 146
}
