Legal Opinion

Pierce v. Whitman

Supreme Court of Vermont

Decided June 15, 1851PublishedCited by 4 opinions

Trespass for taking a wagon. The suit was brought in the county of Windsor, and was tried upon a case stated by the parties, substantially as follows. By the statute of 1804, — Acts of 1804, p. 54, — certain territory in the towns of Hartford and Pomfret was created a school district; and the district was duly organized and has existed from that time as a legal school district, unless the facts hereinafter stated constitute an exception.

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Trespass for taking a wagon. The suit was brought in the county of Windsor, and was tried upon a case stated by the parties, substantially as follows. By the statute of 1804, — Acts of 1804, p. 54, — certain territory in the towns of Hartford and Pomfret was created a school district; and the district was duly organized and has existed from that time as a legal school district, unless the facts hereinafter stated constitute an exception. Nathaniel Miller, the intestate, lived at the time of his decease, (which was since the commencement of this suit,) and for several years previous, in…

1Opinion of the Court

The opinion of the court was delivered by

Redfiéld, J

In this case, the district being created by act of the legislature, it might originally have required the same power to dissolve it. But when, by the general laws of the state, in 1828, a provision was made for dissolving union school districts, we think that provision was intended to apply to all union districts, however created. It would be highly improbable, that' the legislature should *631intend to„retain so limited and inconvenient a prerogative thereafter.

And whether during all this time, and subsequently, such school districts are to be…

2Cited by4 opinions

  1. Athens School District v. Vermont State Board of EducationSupreme Court of Vermont · 2020
  2. Bowen v. KingSupreme Court of Vermont · 1861
  3. Jones v. CampSupreme Court of Vermont · 1861
  4. Lathrop v. Town of SunderlandSupreme Court of Vermont · 1891

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