Hewett v. Miller
Supreme Court of Vermont
Trespass for taking a draft chain. Plea, the general issue, with notice of special matter of defence, and trial by jury, May Term, 1847, — Redfield, J,, presiding. On trial the facts appeared as follows. In the year 1816 there was duly formed and organized in the town of Barnard a school district, numbered eleven, which adjoined the town, of Pomfret, and which ever after continued to be organized and to do business.
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Trespass for taking a draft chain. Plea, the general issue, with notice of special matter of defence, and trial by jury, May Term, 1847, — Redfield, J,, presiding. On trial the facts appeared as follows. In the year 1816 there was duly formed and organized in the town of Barnard a school district, numbered eleven, which adjoined the town, of Pomfret, and which ever after continued to be organized and to do business. In March, 1828, the town of Pom-fret, at a town meeting duly warned, voted to annex certain inhabitants of th.e town of Pomfret, naming them, “ to school district No, 11 in the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The whole authority for assigning the territory in any town to different school districts resides with the town itself, .except .when a district is to be formed of territory and inhabitants belonging to adjoining towns. Such a district can only be formed by .the concurrent votes of those towns. The case is also contemplated by statute, where a town would set some of its inhabitants to an existing district in an adjoining town. In that case the consent of such district is required. The present defence involves the effect of this latter…
2Cases cited2 opinions
- Pierce v. CarpenterSupreme Court of Vermont · 1838
- Gray v. SheldonSupreme Court of Vermont · 1836
3Cited by1 opinion
- Weeks v. BatchelderSupreme Court of Vermont · 1868