State v. Trustees of School District No. 37

The opinion of the court was delivered by

Knapp, J.

The prosecutors were taxed, in 1885, in school district No. 37, in the county of Middlesex, to pay for the purchase of lands and the building of a school-house in and for the said district. They resist the tax because, at the school meeting called for the purpose of deciding upon the raising of moneys to purchase lands and build the school-house, a majority of taxable residents were not present and voting in favor of the resolution. Second, because the voting at the school meeting was not by ballot. Third, that the certificate of the clerk of…