Legal Opinion

Ayers v. School District

Supreme Court of New Hampshire

Decided December 5, 1891PublishedCited by 4 opinions

Petition, filed October 20, 1891, for an injunction against building a school-house in Cornish school-district on the location fixed by tbe school board as a district committee, and, on appeal, by tbe county commissioners. By vote of the district, March 10, 1691, the school board were empowered to locate and build the school-house.

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Petition, filed October 20, 1891, for an injunction against building a school-house in Cornish school-district on the location fixed by tbe school board as a district committee, and, on appeal, by tbe county commissioners. By vote of the district, March 10, 1691, the school board were empowered to locate and build the school-house. The school board, acting as a committee under the vote of the district, after hearing the parties interested, agreed upon a location May 28, 1891, laid it out by metes and bounds, made return of their doings in writhing June 15, 1891, and filed the same with the…

1Opinion of the CourtCarpenter, J.

The location by the school board acting as a committee chosen by the district was legally made and completed when their report was filed with the clerk. Gen. Laws, c. 88, s. 2. Hardy v. Houston, 2 N. H. 309; Converse v. Porter, 45 N. H. 385, 397, 399. The power of the committee to act was not affected by the petition for and the calling of the meeting of July 3. The location was established before the opening of the meeting, and was not invalidated by the subsequent vote of the district. In the absence of appeal, the location was binding on the district for the term of five years. Gen. Laws,…

2Cases cited2 opinions

  1. Adams v. SlateSupreme Court of New Hampshire · 1889
  2. Blake v. OrfordSupreme Court of New Hampshire · 1886

3Cited by4 opinions

  1. Baton Rouge Oil WorksSupreme Court of Louisiana · 1882
  2. City of New Orleans v. Rhenish Westphalian LloydsSupreme Court of Louisiana · 1879
  3. Converse v. FitzpatrickLouisiana Court of Appeal · 1914
  4. Lebel v. BeaulieuSupreme Court of New Hampshire · 1972

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