Saxton v. Nimms
Massachusetts Supreme Judicial Court
This was an action of trespass for taking and carrying away an ox, the property of the plaintiff. The defendants * pleaded, in justification, that they were assessors of the town of Deerfield, in the county of Franklin; that there was a certain school district in that town, the inhabitants and members of which, at a meeting duly warned, voted to raise a certain sum to build a school-house within the said district; that this vote was duly certified to the assessors, who were…
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This was an action of trespass for taking and carrying away an ox, the property of the plaintiff. The defendants * pleaded, in justification, that they were assessors of the town of Deerfield, in the county of Franklin; that there was a certain school district in that town, the inhabitants and members of which, at a meeting duly warned, voted to raise a certain sum to build a school-house within the said district; that this vote was duly certified to the assessors, who were accordingly requested to assess the amount on all the inhabitants of the district ; that the defendants, as such…
1Opinion of the CourtParker, C. J.
The statute which authorizes the raising and assessing taxes in school districts, having required that the meetings for such purposes shall be warned at least seven days before they are held, and that any vote to raise money, for the purpose of erecting or repairing a school-house, passed by a majority of the inhabitants present at a district meeting warned and held as aforesaid, shall be obligatory on the inhabitants, to be assessed, levied, and collected, as prescribed in the act, it would seem to follow, as the manifest intent of the legislature, that any vote to raise money, at a meeting…
2Cases cited1 opinion
- Johnson v. HigginsCourt of Appeals of Kentucky · 1861
3Cited by12 opinions
- Halleck v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1875
- Carper v. M'DowellSupreme Court of Virginia · 1848
- Canadian Religious Ass'n v. ParmenterMassachusetts Supreme Judicial Court · 1902
- Donnelly v. Dover-Sherborn Regional School DistrictMassachusetts Supreme Judicial Court · 1960
- Cook v. BerthMassachusetts Supreme Judicial Court · 1871
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