Crosby v. Inhabitants of Dracut
Massachusetts Supreme Judicial Court
Writ oe entry against the Inhabitants of Dracut and the Inhabitants of School District Number Six in Dracut, to recover a lot of land in that town. Writ dated April 24, 1871. Plea nul disseisin.
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Writ oe entry against the Inhabitants of Dracut and the Inhabitants of School District Number Six in Dracut, to recover a lot of land in that town. Writ dated April 24, 1871. Plea nul disseisin. Trial in the superior court, before Devens, J., who reported the case as follows : The school districts in Dracut were abolished by the St. of 1869, e. 110. The warrant for the annual town meeting, held March 7,1870, contained this article : “ To see if the town will build a new school-house in District Number Six, and make appropriations for the same.” At the meeting, it was voted “ that the…
1Opinion of the CourtAmes, J.
Under the provisions of the Gen. Sts. c. 38, § 37, every town not divided into school districts, “ at a meeting legally called for the purpose, may determine the location of its schoolhouses, and adopt all necessary measures to purchase or procure the land for the accommodation thereof.” No power in that particular is given to the selectmen, except to select and lay out a lot, not exceeding eighty square rods, within the limits of the particular location designated by the town. The only article in the warrant relating to the subject matter was in these words, namely: “ To see if the town will…
2Cases cited1 opinion
- Hooper v. Inhabitants of BridgewaterMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
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- Davis v. Des Moines & Ft. Dodge R. R.Supreme Court of Iowa · 1912
- Reed v. Inhabitants of ActonMassachusetts Supreme Judicial Court · 1875
- Spalding v. Inhabitants of ChelmsfordMassachusetts Supreme Judicial Court · 1875
- Smith v. Franklin Park Land & Improvement Co.Massachusetts Supreme Judicial Court · 1897