Legal Opinion

School District No. 6 v. Carr

Supreme Court of New Hampshire

Decided June 8, 1875PublishedCited by 1 opinion

Trespass quare clausum fregit, for entering the plaintiffs’ close in said Andover, December, 1872, and tearing down and destroying a school-house belonging to the district. There was also a count of trespass de bonis for tearing down, and carrying away, and converting to their own use said house.

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Trespass quare clausum fregit, for entering the plaintiffs’ close in said Andover, December, 1872, and tearing down and destroying a school-house belonging to the district. There was also a count of trespass de bonis for tearing down, and carrying away, and converting to their own use said house. The following facts were agreed to for the purpose of determining the questions of law arising thereon, without prejudice to either party if they should hereafter wish to go to trial upon any fact in the case, whether herein stated or not. The close was never owned by said school district, but by…

1Opinion of the Court

Waiver of notice — Incompatibility of offices — Dismemberment of school districts. 1. If there was any defect in the notice, it was waived. The record, which is made a part of the case, recites that school district No. 6 appeared by its prudential committee and clerk. It also recites that several of its voters were present, and that they were heard. It does not appear that any objection was taken to any insufficiency in the notice that was given. The plaintiffs could, if they chose, have insisted upon such notice being given as the law prescribes — probably such as is provided in ch. 233,…

2Cases cited1 opinion

  1. In re the Town of GilfordSuperior Court of New Hampshire · 1852

3Cited by1 opinion

  1. Worthen v. KingsburySupreme Court of New Hampshire · 1930

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