Legal Opinion

Smith v. . Proctor

New York Court of Appeals

Decided December 15, 1891PublishedCited by 22 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made October 25, 1889, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made October 25, 1889, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was brought by certain taxpayers of school district number two of the town of ¡Newtown, Queens county, against the defendants, as the trustees and the collector of said district, to restrain said trustees from issuing bonds for the erection of a new school-house in accordance with a resolution adopted at a district meeting, and to…

1Opinion of the CourtYanh, J.

Tlie only question brought before us by this appeal is whether the resolution to bond the district was adopted by a majority of the qualified voters, within the meaning of the statute governing the subject.

The trial court found that there were three hundred residents of the district entitled to vote at school meetings at the time the resolution was adopted, and that all of them had been duly notified of the meeting and its purposes, which included, by specific mention, the voting of “ a tax to be raised by installments * * * to be expended in the erection of ” a new school-house. At a meeting…

2Cases cited1 opinion

  1. County of Cass v. JohnstonSupreme Court of the United States · 1877

3Cited by22 opinions

  1. Montgomery County Fiscal Court v. TrimbleCourt of Appeals of Kentucky · 1898
  2. Virginian Ry. Co. v. SYSTEM FEDERATION NO. 40, ETC.Court of Appeals for the Fourth Circuit · 1936
  3. In re DennyIndiana Supreme Court · 1901
  4. In Re East Bay Etc. Water Bonds of 1925California Supreme Court · 1925
  5. State ex rel. Burdick v. TyrrellWisconsin Supreme Court · 1914

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