Fitch v. Miller
New York Supreme Court
Error from the Rensselaer common pleas. Miller sued Fitch before a justice, and declared against him in debt, for that whereas the defendant, on, &c. at, &c. after having been legally and duly elected a trustee of a school district (to wit,district No. 5, in the town, &c.) and accepted of the same, did neglect the duties and requirements of his office, and utterly refused to act and perform, contrary to the form of the statute, whereby, and by force of the statute, to wit,…
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Error from the Rensselaer common pleas. Miller sued Fitch before a justice, and declared against him in debt, for that whereas the defendant, on, &c. at, &c. after having been legally and duly elected a trustee of a school district (to wit,district No. 5, in the town, &c.) and accepted of the same, did neglect the duties and requirements of his office, and utterly refused to act and perform, contrary to the form of the statute, whereby, and by force of the statute, to wit, the act entitled “ an act for the support of common schools,” passed April 12th, 1819, the defendant forfeited for his…
1Opinion of the Court
By the court,
Savage, Ch. J.
Miller sued Fitch before a justice for the penalty imposed by the 22d section of the act for the support of common schools, Laws of 1819, p. 200, for neglecting the performance of the duties of the office of trustee of a school district. That part of the section which is pertinent, first imposes a penalty of five dollars for a refusal to serve, to be recovered by the commissioners, or in the name of any other person; and when recovered, to be paid to the commissioners, for the use of the common schools. Then follows this clause: “And every person who, being duly…
2Cited by3 opinions
- Willard v. BridgeNew York Supreme Court · 1848
- Groff v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ross v. HamiltonNew York Supreme Court · 1848