School District No. 13 v. Smith
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by court at the June term, 1894, Caledonia county, Tyler, J., presiding. Upon the facts found the court gave judgment for the plaintiff. The defendant excepts. The warning need not specify the business, since the time of holding the meeting and the business to be done was fixed- by statute. Greenbanks v.- Boutwell, 43 Vt. 220; Chandlery. Bradish, 23 Vt. 416; Mason v. School District, 20 Vt. 487 ; Schaff y.
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Assumpsit. Plea, the general issue. Trial by court at the June term, 1894, Caledonia county, Tyler, J., presiding. Upon the facts found the court gave judgment for the plaintiff. The defendant excepts. The warning need not specify the business, since the time of holding the meeting and the business to be done was fixed- by statute. Greenbanks v.- Boutwell, 43 Vt. 220; Chandlery. Bradish, 23 Vt. 416; Mason v. School District, 20 Vt. 487 ; Schaff y. Bloomfield, 8 Vt. 472 ; Warner v. Mower et al., 11 Vt. 385. Huse was the treasurer de facto. Thurston v. Est. of Holbrook, 31 Vt.', 354; Danville…
1Opinion of the CourtRowell, J.
If Huse was not legally elected treasurer of the district, the defendant’s term of office as such treasurer had not éxpired when suit was brought, for by statute, his term continued until his successor was chosen.
The warning for the annual meeting of 1893, at which Huse was in form, at least, elected, contained no article for the election of officers except for the election of moderator. It is claimed that no such article was necessary, inasmuch as the statute requires annual school meetings to be held on the last Tuesday of March, and the election of officers at every such meeting. The…
2Cases cited3 opinions
- Warner v. MowerSupreme Court of Vermont · 1839
- Boardman v. HallidayNew York Court of Chancery · 1843
- Schoff v. Town of BloomfieldSupreme Court of Vermont · 1836
3Cited by3 opinions
- Neill v. WardSupreme Court of Vermont · 1930
- State Ex Rel. Perkins v. EdwardsSupreme Court of Vermont · 1925
- Dienstag v. FaganSupreme Court of New Jersey · 1907