Marble v. McKenney
Supreme Judicial Court of Maine
Petition by Benjamin F. Marble and nine others, taxable inhabitants of School District No. 1, in Woolwich, under Pub. Laws of 1864, c. 239, against the town treasurer. The case is stated in the opinion. cited Soper y.
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Petition by Benjamin F. Marble and nine others, taxable inhabitants of School District No. 1, in Woolwich, under Pub. Laws of 1864, c. 239, against the town treasurer. The case is stated in the opinion. cited Soper y. School District in Livermore, 28 Maine, 193; Collins v. School District in Liberty, 52 Maine, 522; R. S. of 1857, c. 11, §§ 27, 28, 29. Effect of appeal, Campbell v. Howard, 5 Mass. 376; Keen v. Turner, 13 Mass. 266; Penhallow v. Doane, 3 Dali. 87-119; Suggs v. Suggs, 1 Overt. 2; Davis v. The Seneca, Gilpin, 34. The injunction of Sept. 16, 1868, was temporary, and without…
1Opinion of the CourtBarrows, J.
If obstinate persistency on the part of a small numerical majority of the voters in a school district, in locating and building the district school-house where it pleased themselves, in defiance of repeated decisions of the statute appellate tribunal, and of the provisions of law, and in total disregard of the wishes and rights of a minority, embracing nearly half the legal voters of the district, would make a good case for this respondent, he ought to prevail.
The facts appear to be in brief as follows: The old school-house in the district having been burned, at a meeting held March 28, 1867,…
2Cited by2 opinions
- Blodgett v. School Administrative District 73Supreme Judicial Court of Maine · 1972
- Blake v. OrfordSupreme Court of New Hampshire · 1886