Rowell v. School Dist. No. 19
Supreme Court of Vermont
Assumpsit. Trial by court, June Term, 1886, Rowell, J., presiding. Judgment for the defendant. It appeared that the defendant held an annual March meeting in 1883 ; that the meeting was adjourned one week, without electing any officers ; that on April 5th, 1883, the selectmen of Tunbridge appointed officers for the district, to hold their offices until others were elected, and this was done on. the ground that there was a vacancy ; that the same person was appointed clerk…
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Assumpsit. Trial by court, June Term, 1886, Rowell, J., presiding. Judgment for the defendant. It appeared that the defendant held an annual March meeting in 1883 ; that the meeting was adjourned one week, without electing any officers ; that on April 5th, 1883, the selectmen of Tunbridge appointed officers for the district, to hold their offices until others were elected, and this was done on. the ground that there was a vacancy ; that the same person was appointed clerk who had been elected clerk at the annual meeting in March, 1882 ; that said clerk warned a school meeting for the first…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The. ruling of the County Court that the plaintiff was not legally elected prudential committee, and was only committee defacto and not de jure, was in accordance with the decision in Willard v. Pike, ante, 202, heard at the last General Term; nevertheless, we think he was entitled to recover.
The case is a suit in his favor as an individual for labor and material furnished to the district. The failure to elect a prudential committee at the annual meeting created no vacancy, but left the. district legally officered as to such committee by the…
2Cases cited1 opinion
- Brown v. School DistrictSupreme Court of Vermont · 1883
3Cited by3 opinions
- Smith & Son, Inc. v. Town of HartfordSupreme Court of Vermont · 1938
- Town School District v. Town School DistrictSupreme Court of Vermont · 1905
- State Ex Rel. Perkins v. EdwardsSupreme Court of Vermont · 1925