Cunningham v. Town of Orange & School District No. 2
Supreme Court of Vermont
Generad and spEciad assumpsit on a school district order. Heard on demurrer for misjoinder of defendants, filed by the defendant school district to the special count of the declaration, at the December term, 1901,. Orange County, Taft, C. J., presiding. Demurrer overruled, pro forma, and the special count adjudged sufficient. The defendant school district excepted. The defendant town pleaded the general issue and took no part in the hearing here.
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Generad and spEciad assumpsit on a school district order. Heard on demurrer for misjoinder of defendants, filed by the defendant school district to the special count of the declaration, at the December term, 1901,. Orange County, Taft, C. J., presiding. Demurrer overruled, pro forma, and the special count adjudged sufficient. The defendant school district excepted. The defendant town pleaded the general issue and took no part in the hearing here. There is a misjoinder of defendants, for there is no joint liability. The school district is liable, if at all, by virtue of a contract. The town is…
1Opinion of the CourtRowknn, J.
The special count declares upon an order ante dating the adoption of the town system of schools, given by the defendant school district to the plaintiff for money loaned and used for repairing its schoolhouse. It alleges that the district has been by law dissolved and disorganized, except for the purpose of settling up its affairs, and that by force of the statute the defendant town, as a school district, has assumed, and is obliged to pay, the amount of said order to the plaintiff, and in consideration of the premises has promised to pay the same.
The town pleads the general issue; but the…
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- McKillop v. Burton's Admr.Supreme Court of Vermont · 1909
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