People v. Seale
California Supreme Court
The Trustees of the Mayfield School District, County of Santa Clara, on the 29th of April, 1874, resolved to call an election in the District for the imposition of a tax to build an addition to the school-house. Notice of such election, to be held on the 27th day of June, 1874, was published. The notice stated: “ The polls will be open at the public school-house between the hours of one o’clock and six o’clock p.
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The Trustees of the Mayfield School District, County of Santa Clara, on the 29th of April, 1874, resolved to call an election in the District for the imposition of a tax to build an addition to the school-house. Notice of such election, to be held on the 27th day of June, 1874, was published. The notice stated: “ The polls will be open at the public school-house between the hours of one o’clock and six o’clock p. M.” At the election a majority of the votes was cast in favor of the tax. This action was brought against the defendant, Seale, and his land to recover the tax—$387.30. The plaintiff…
1Opinion of the Court
By the Court :
The imposition of school district taxes is regulated by the Political Code, (sec. 1830 et seq.) and there is no power to impose such taxes except the provisions of the statute be substantially observed. (People v. Castro, 39 Cal. 69.)
It is provided in the Code (sec. 1831) that an election for that purpose must be called by posting notices in three of the most public places in the district for twenty days (sec. 1832); such notices must specify the time and place of holding the election, etc.; the election (sec. 1833) must be held, in all respects, as nearly as practicable, in…
2Cases cited1 opinion
- People v. CastroCalifornia Supreme Court · 1870
3Cited by3 opinions
- Tebbe v. SmithCalifornia Supreme Court · 1895
- Kenworthy v. MastCalifornia Supreme Court · 1903
- Directors of Fallbrook Irrigation District v. AbilaCalifornia Supreme Court · 1895