Legal Opinion

Wilson v. School District No. 4

Supreme Court of New Hampshire

Decided December 15, 1855Published

In assumpsit, tbe auditor reported the following facts. At a meeting of the district, duly warned and held July 3,1850, it was “ voted to build a new school house.” “ Voted to raise the sum of three hundred dollars to build a new school, house.” “ Chose Asa Wilson, George Everett and Edmund Sleeper, (the plaintiffs,) committee.” A lot was purchased for the school house, for which the committee, by vote of the district, paid ten dollars.

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In assumpsit, tbe auditor reported the following facts. At a meeting of the district, duly warned and held July 3,1850, it was “ voted to build a new school house.” “ Voted to raise the sum of three hundred dollars to build a new school, house.” “ Chose Asa Wilson, George Everett and Edmund Sleeper, (the plaintiffs,) committee.” A lot was purchased for the school house, for which the committee, by vote of the district, paid ten dollars. Upon this lot the committee caused a new school house to be built. The school house was, in the main, well built, of modem style, and suitable for the…

1Opinion of the CourtBell, J.

The main question raised by this case was considered and decided in the case of Harris v. School District No. 10, in Canaan, (8 Fost. 58.) It was there held that the discretion to determine what sum was necessary and proper to be raised by the district for the purpose of building and repairing school houses, was by law vested in the district, and not in the building committee; that the votes passed by the district relative to building or repairing a school house, at a school meeting, are to be considered and construed together, and the pswers of the building committee are limited to the…

2Cases cited1 opinion

  1. Davis v. School District No. 2Supreme Judicial Court of Maine · 1844

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