Bullock v. Cooley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Bullock, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 21st day of September, 1917, dismissing the complaint upon the merits upon the decision of the court after a trial at the Nassau Special Term. Plaintiff is a taxpayer in school district No. 7 in the town of Oyster Bay.
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Appeal by the plaintiff, George Bullock, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 21st day of September, 1917, dismissing the complaint upon the merits upon the decision of the court after a trial at the Nassau Special Term. Plaintiff is a taxpayer in school district No. 7 in the town of Oyster Bay. Besides suing in that capacity, he is the sole trustee of said school district No. 7 of Oyster Bay, as has been found by the Special Term. Plaintiff asks a judgment annulling the order of December 7, 1916,…
1Opinion of the Court
Putnam; J.:
The authority to merge, dissolve and make a consolidation of school districts in the Education Law is qualified to such districts as are “ adjoining.” (Consol. Laws, chap. 16 [Laws of 1910, chap. 140], §§ 128, 129.) I am unable to reach the view that district No. 7, composed of Centre Island, “adjoined” union free school district No. 9. The term “ adjoining ” is stricter than “ adjacent,” since to “ adjoin,” the districts must touch.
In Matter of Ward (52 N. Y. 395 [1873]) the court Andrews, J., said (p. 397): “ The word ‘ adjoining ’ in its *532etymological sense, means touching or…
2Cases cited12 opinions
- Holmes v. . CarleyNew York Court of Appeals · 1865
- People Ex Rel. Bd. of Education v. . FinleyNew York Court of Appeals · 1914
- Baxter v. York Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Light v. . SkinnerNew York Court of Appeals · 1899
- Prankard v. CooleyAppellate Division of the Supreme Court of the State of New York · 1911
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