Andrews v. Inhabitants of Boylston
Massachusetts Supreme Judicial Court
Contract to recover the amount of a tax paid under protest. It appeared by the records of the defendants that, at a town meeting duly called to consider the question of reestablishing the school district system, the following vote was passed: “ Voted, to reestablish the school district system.” The defendants claimed that they could prove by paroi evidence that the vote was a two thirds vote.
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Contract to recover the amount of a tax paid under protest. It appeared by the records of the defendants that, at a town meeting duly called to consider the question of reestablishing the school district system, the following vote was passed: “ Voted, to reestablish the school district system.” The defendants claimed that they could prove by paroi evidence that the vote was a two thirds vote. The case was submitted to the judgment of the Superior Court and, on appeal, of this court, on the above facts. If the paroi evidence was admissible, the evidence to be heard and the fact determined by a…
1Opinion of the CourtAmes, J.
No attempt of the town of Boylston to reestablish Vho school district system would be of any legal effect, unless sup *215ported by the votes of two thirds of all the legal voters present and voting thereon, at a meeting called for that purpose. St. 1870, c. 196, § 1. The meeting in this case was properly called, but all that can be learned from the record is that the town voted to reestablish the school district system. The yeas and nays upon the proposition are not given, nor does it appear what was the number of votes; and the record does not undertake to say that it was adopted by a two…
2Cited by18 opinions
- American Tube Works v. Boston Machine Co.Massachusetts Supreme Judicial Court · 1885
- Suburban Land Co. v. Town of BillericaMassachusetts Supreme Judicial Court · 1943
- Tod v. CrismanSupreme Court of Iowa · 1904
- Halleck v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1875
- Scullin v. Cities Service Oil Co.Massachusetts Supreme Judicial Court · 1939
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