Benjamin v. Hull
New York Supreme Court
Hull sued Benjamin, Griffin and Seamans, before a justice in an action of trespass for taking a horse. The defendants were trustees of a school district. After the organization of the district the first district meeting was appointed to be holden on the 5th June, 1833. Although the notice was insufficient, a meeting was held, trustees elected, a site designated for building a school house, and a tax of $200 voted for building the house.
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Hull sued Benjamin, Griffin and Seamans, before a justice in an action of trespass for taking a horse. The defendants were trustees of a school district. After the organization of the district the first district meeting was appointed to be holden on the 5th June, 1833. Although the notice was insufficient, a meeting was held, trustees elected, a site designated for building a school house, and a tax of $200 voted for building the house. The proceedings being void, the commissioners of common schools renewed the notice and a second meeting was held on the 7t.h October, 1833, at which the…
1Opinion of the Court
By the Court,
Bronson, J.
It is agreed that the first district meeting was irregular, and the commissioners for that cause renewed the notice for a meeting in October (1 R. S. 477, §57). The proceedings of the first meet ing were utterly nugatory; and we can no more regard them as valid in *248relation to the site for a school house, than we can in relation to the choice of trustees or the voting of a tax.
The inhabitants when duly assembled in a district meeting, have power among other things to designate a site for the district school house. § 61. The trustees have power to purchase or lease a…
2Cases cited1 opinion
- Baker v. FreemanNew York Supreme Court · 1832
3Cited by5 opinions
- Colton v. Beardsley, Bigelow & SpoonerNew York Supreme Court · 1860
- Finch v. ClevelandNew York Supreme Court · 1851
- Williams v. LarkinNew York Supreme Court · 1846
- Corbett v. Union Free School District No. 21New York Supreme Court · 1951
- Colton v. Beardsley, Bigelow & SpoonerNew York Supreme Court · 1860