Sherwin v. Bugbee
Supreme Court of Vermont
Trespass for taking a pair of oxen. Plea, the general issue, with notice that the defendant would justify the taking as collector of school district No. 4 in Windham. Trial by jury.
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Trespass for taking a pair of oxen. Plea, the general issue, with notice that the defendant would justify the taking as collector of school district No. 4 in Windham. Trial by jury. The plaintiff having shown the taking, as set forth in the declaration, the defendant, in pursuance of his special notice, and to show the division of the town of Windham into school districts, offered in evidence a transcript from the records of the town, which showed the appointment of a committee, at a town meeting held Sept. 20, 1796, to divide the town into school districts, and the report of the committee…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The first question made in this case, in regard to the division of the town of Windham into school districts, cannot, I apprehend, at this day, admit of much doubt. The same rule which is applied to this district will apply, of course, to all the other districts in the town. It is now well settled in this state, notwithstanding the decisions reported to the contrary, that the mere fact of a school district maintaining its existence and operation for a great number of years, say fifteen, is sufficient evidence of its regular organization.…
2Cases cited2 opinions
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Hunt v. School District No. 20Supreme Court of Vermont · 1842
3Cited by9 opinions
- E. B. & A. C. Whiting Co. v. City of BurlingtonSupreme Court of Vermont · 1934
- Chicago & Northwestern Railway Co. v. West Chicago Park CommissionersIllinois Supreme Court · 1894
- Worley v. HarrisIndiana Supreme Court · 1882
- Greenbanks v. BoutwellSupreme Court of Vermont · 1870
- Hackett v. AmsdenSupreme Court of Vermont · 1883
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