Bowen v. King
Supreme Court of Vermont
The case was referred and the referee reported the following tacts : School district No. l,in the town of Sunderland, and the persons owning or residing upon certain farms in the town of Manchester and one farm in the town of Sandgate, have ali acted together and supported a school as one district, since about the year 1783. No records were kept in the district until the year 1805 ; since that time the district officers have been chosen in part from Manchester and Sandgate.
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The case was referred and the referee reported the following tacts : School district No. l,in the town of Sunderland, and the persons owning or residing upon certain farms in the town of Manchester and one farm in the town of Sandgate, have ali acted together and supported a school as one district, since about the year 1783. No records were kept in the district until the year 1805 ; since that time the district officers have been chosen in part from Manchester and Sandgate. The Manchester part of the district has been known as the Brownson district, but never had any organization except with…
1Opinion of the Court
Poland, Ch. J.
The proceeedings under which the defendant seeks to justify taking the plaintiff’s property are fatally defective, for the reason that the tax was never voted by the district. The statutes authorizing school districts to raise taxes íor building school houses, and supporting schools, require them to be raised by vote in a meeting legally warned, and no other mode is provided ; and the prudential committee are only authorized to assess a tax on the list'' of the district “ after the vote of the district for that purpose.” This has always been understood to be a necessary…
2Cases cited5 opinions
- Barnes v. BarnesSupreme Court of Vermont · 1834
- Chandler v. BradishSupreme Court of Vermont · 1851
- Brown v. HoadleySupreme Court of Vermont · 1839
- Pierce v. WhitmanSupreme Court of Vermont · 1851
- Bull v. GriffithSupreme Court of Vermont · 1858
3Cited by4 opinions
- Adams v. CrowellSupreme Court of Vermont · 1867
- Lathrop v. Town of SunderlandSupreme Court of Vermont · 1891
- Michele Morin and Karen Rowell v. City of BurlingtonSupreme Court of Vermont · 2026
- Woodruff v. MutschlerNew Jersey Court of Chancery · 1881