Legal Opinion

Richards v. Dagget

Massachusetts Supreme Judicial Court

Decided October 15, 1808PublishedCited by 18 opinions

Trespass against the defendants, for taking, carrying away, and converting to their own use, two steers, the property of the plaintiff, on the 29th day of March, 1806. The defendants, as to the force and the breach of the peace, plead not guilty; and as to the residue of the trespass, they justify, as assessors of the town of Attleborough in this county, of which the parties are all inhabitants, and they allege that the inhabitants of a certain school district, which is…

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Trespass against the defendants, for taking, carrying away, and converting to their own use, two steers, the property of the plaintiff, on the 29th day of March, 1806. The defendants, as to the force and the breach of the peace, plead not guilty; and as to the residue of the trespass, they justify, as assessors of the town of Attleborough in this county, of which the parties are all inhabitants, and they allege that the inhabitants of a certain school district, which is described in the plea, on the 12th day of August, 1805, voted to raise the sum of 330 dollars, to build a district…

1Opinion of the Court

. The action stood continued for advisement; and now, at this term, the opinion of the Court was delivered by

Parsons, C. J.

[After stating the substance of the declaration and pleadings.] To the sufficiency of the replication in this case, it is objected that the town, having once legally determined the limits of the school districts therein, had no * author- [ * 536 ] ity afterwards to alter those limits, or to form a new district within the town.

The power of a town to determine and define the limits of the school districts within it, is derived from the second section of the statute of 1789,…

2Cited by18 opinions

  1. Crabb v. Celeste Independent School DistrictTexas Supreme Court · 1912
  2. Hughes v. EwingCalifornia Supreme Court · 1892
  3. Crosby v. HustonTexas Supreme Court · 1846
  4. Kimball v. Houston Oil Co.Texas Supreme Court · 1907
  5. Lane v. KolbSupreme Court of Alabama · 1890

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