Opinion
Gen. No. 44,420. (Abstract of Decision.)
Opinion filed May 10, 1949 Rehearing denied May 24, 1949 Released for publication June 3, 1949
MANDAMUS, § 138 — dismissal of school teachers' complaint. Where complaint in mandamns proceedings against township high school district's board of education alleged that each relator had entered upon contractual continued service as a full-time teacher in high school, that each had been married during her employment, and that relators had been notified by district's superintendent that board had reinstated its rule that women teachers who became married might continue to serve but two years and that consequently relators would not be offered contracts for the next year, and board's answer contained excerpts from its records and proceedings pertaining to rule on employment of married women as teachers, trial court was not authorized, in passing on relators' motion to strike answer, to enter sua sponte a judgment dismissing complaint on ground that merits thereof could not be determined without production of board's records and that their production required intervention of a writ of certiorari.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. JOSEPH A. GRABER, Judge, presiding.
Judgment order reversed, and cause remanded with directions. Heard in the second division, first district, this court at the February term, 1948.
John Ligtenberg, for appellants;
James C. Soper, for appellees;
Richard F. McPartlin, Jr., of counsel.
Not to be published in full. Opinion filed May 10, 1949; rehearing denied May 24, 1949; released for publication June 3, 1949.