Legal Opinion

Bill v. Dow

Supreme Court of Vermont

Decided May 15, 1884PublishedCited by 1 opinion

Eerlevin for a liorse. Elea, general issue and notice tbat the defendant was collector of taxes in school district No. 13 in "Woodbury. Trial by court, March Term, 1882, Eedeield, J., presiding. Judgment for the defendant. The vote of March '25th, 1.879, mentioned in the opinion, is stated in the third head note. The town could not rescind the vote. Stoddard v. Gilman, '22 Yt. 568. The vote of May 11th did not sufficiently describe the new district.

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Eerlevin for a liorse. Elea, general issue and notice tbat the defendant was collector of taxes in school district No. 13 in "Woodbury. Trial by court, March Term, 1882, Eedeield, J., presiding. Judgment for the defendant. The vote of March '25th, 1.879, mentioned in the opinion, is stated in the third head note. The town could not rescind the vote. Stoddard v. Gilman, '22 Yt. 568. The vote of May 11th did not sufficiently describe the new district. Gray v. Sheldon, 8 Yt. 402; Pierce r. Carpenter, 10 Yt. 480. 'If the vote was rescinded, then the old ■officers were the ones to act. E. L., s.…

1Opinion of the Court

The opinion of the court was delivered by

Eowell, J.

At the annual meeting in 1878, the town voted “to ■set school district No. 13 on to district No. 4.” Ey force of this vote, No. 13 ceased to exist as a distinct and independent district: *564Greenbanks v. Boutwell, 43 Vt. 207; and its offices became vacant: Stevens v. Kent, 26 Vt. 503. A meeting was duly-warned for May 11, 1878, to rescind said vote, and “to constitute said school district No. 13 and its inhabitants therein, with their grand lists, into a school district by itself, and to be called 13.” At the meeting thus warned, the town voted…

2Cases cited5 opinions

  1. Chandler v. BradishSupreme Court of Vermont · 1851
  2. Greenbanks v. BoutwellSupreme Court of Vermont · 1870
  3. Stevens v. KentSupreme Court of Vermont · 1854
  4. Adams v. HydeSupreme Court of Vermont · 1855
  5. Hubbard v. NewtonSupreme Court of Vermont · 1880

3Cited by1 opinion

  1. Adams v. SleeperSupreme Court of Vermont · 1892

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