Pierce v. Carpenter
Supreme Court of Vermont
This was an action of trespass for a cow. Plea — the general issue, and notice that the cow in question was taken by virtue of a process against school district No. 4, in the town of Moretown. The regularity of the process, and the taking of the cow under such process, were admitted.
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This was an action of trespass for a cow. Plea — the general issue, and notice that the cow in question was taken by virtue of a process against school district No. 4, in the town of Moretown. The regularity of the process, and the taking of the cow under such process, were admitted. The defendant proved that the plaintiff had, for more than ten years, resided within the limits of school district No. 4, in More-town, up to the commencement of the present action, unless the limits of said district were altered by a recent vote of the town, and that, during all that time, and for years before,…
1Opinion of the Court
The opinion of the Court was delivered by
Collamer, J.
School districts, by our statute, must be formed by the inhabitants of the town, at a legal meeting, warned for that purpose, and be composed of territory with geographical limits, defined by such meeting. This is clearly necessary, when we consider, that all land is taxable in the district where situated, and the listers are required, in the list, to designate in what district it is situated. This principle was decided in Gray v. Sheldon, 8 Vt. R. 402. In this case, the vote of the town was thus ; “ voted that A Pierce,” and others named,…
2Cited by5 opinions
- Town of Enterprise v. State ex rel. Attorney-GeneralSupreme Court of Florida · 1892
- Hatch v. HansonMissouri Court of Appeals · 1891
- State of Fla. Ex Rel. Johnson v. OwensSupreme Court of Florida · 1926
- Hewett v. MillerSupreme Court of Vermont · 1849
- Sawyer v. WilliamsSupreme Court of Vermont · 1853