Legal Opinion

State v. Van Syckel

Supreme Court of New Jersey

Decided November 15, 1884PublishedCited by 1 opinion

On certiorari. The following state of facts is hereby agreed upon in the above cause: that all the tax of the prosecutors has been paid except special school tax in District No. 3, in the county of Hunterdon; that said school district is situated in the townships of High Bridge, Tewksbury and Lebanon; the district clerk of said district did not furnish the township assessor of Tewksbury with a certificate of assessment, and said special school tax was not assessed in the…

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On certiorari. The following state of facts is hereby agreed upon in the above cause: that all the tax of the prosecutors has been paid except special school tax in District No. 3, in the county of Hunterdon; that said school district is situated in the townships of High Bridge, Tewksbury and Lebanon; the district clerk of said district did not furnish the township assessor of Tewksbury with a certificate of assessment, and said special school tax was not assessed in the part of the district in Tewksbury ; about one-third of the taxable property of the district is situated in Tewksbury…

1Opinion of the Court

The opinion of the court was delivered by

Dixon, J.

The act to establish a system of public instruction, {Rev., p. 1070,) requires (section 39, ¶ 11,) that special meetings of the voters of the district should be called by the board of trustees, and (section 86) that notice of such meetings should be given by the district clerk. Only at a meeting of the voters legally convened can authority be given to levy a tax for the erection of a school-house, (section 39, ¶ 3,) and to support such a tax it must appear that the meeting, if special, was duly summoned. State, Lamb, pros., v. Hurff, 9 Vroom…

2Cited by1 opinion

  1. Cullum v. Bd. of Ed., North Bergen Tp.New Jersey Superior Court Appellate Division · 1953

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