Legal Opinion

Toussaint v. Fogarty

Supreme Court of New Hampshire

Decided January 21, 1922PublishedCited by 3 opinions

Bill in Equity, by two resident tax payers of the city of Berlin against the officers of said city, viz., mayor and members of the council, the treasurer and members of the board of education and members of a joint committee appointed to act on the matter of erecting a new high school building.

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Bill in Equity, by two resident tax payers of the city of Berlin against the officers of said city, viz., mayor and members of the council, the treasurer and members of the board of education and members of a joint committee appointed to act on the matter of erecting a new high school building. The bill alleges that the city council of said city have voted to erect a high school building in said city and that the same is now being built; that the city council has voted to authorize the issue of bonds to the amount of $400,000 to procure funds for the construction of the same, and the mayor…

1Opinion of the CourtParsons, C. J.

The act of 1885, c. 43, which abolished the division of towns into school districts, did not destroy the school district system. It substituted for the several districts a single district, “composed of the whole town,” Ib.,s. 5; “a special,independent, and complete organization, and [with] officers of its own having exclusive authority for the superintendence and government of its schools and the administration of all its school affairs,” a distinct and separate organization and corporation from the town. Union School District v. District, 71 N. H. 269, 270; Sargent v. District, 63 N. H. 528;…

2Cases cited5 opinions

  1. Union School District v. District No. 20Supreme Court of New Hampshire · 1902
  2. Sargent v. Union School-DistrictSupreme Court of New Hampshire · 1885
  3. Sanborn Seminary v. NewtonSupreme Court of New Hampshire · 1904
  4. Wheeler v. AltonSupreme Court of New Hampshire · 1896
  5. Parker v. LyndeboroughSupreme Court of New Hampshire · 1918

3Cited by3 opinions

  1. Laconia Board of Education v. City of LaconiaSupreme Court of New Hampshire · 1971
  2. Baker v. Hudson School DistrictSupreme Court of New Hampshire · 1970
  3. Opinion of the JusticesSupreme Court of New Hampshire · 1947

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