Legal Opinion

Perkins v. Crocker

Massachusetts Supreme Judicial Court

Decided January 15, 1872Published

Tort against Nathan Crocker, Samuel Snow and Andrew Lovell, the assessors of the town of Barnstable^ to recover back a tax assessed upon the plaintiff as an inhabitant of a school district, and paid by him under protest.

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Tort against Nathan Crocker, Samuel Snow and Andrew Lovell, the assessors of the town of Barnstable^ to recover back a tax assessed upon the plaintiff as an inhabitant of a school district, and paid by him under protest. At the trial in the superior court, before Pitman, J., it was admitted that the town was divided into school districts before the passage of the St. of 1869, c. 110; that these districts were abolished by that statute ; that if the districts had been reestablished under the provisions of the St. of 1870, c. 196, the tax was legally assessed; and that whether the district was…

1Opinion of the CourtAmes, J.

The principal question in this case has recently been before us, in the case of Sutton Manufacturing Co. v. Sutton, 108 Mass. 106. We then held that under the St. of 1870, c. 196, a vote of a town to reestablish “ the school district system ” was a sufficient reestablishment of the former school districts. This case is perhaps stronger than that above cited, for the reason that the article in the warrant gave notice to the inhabitants of Barnstable that they were to act on the subject of reestablishing the school district system in the town under this statute, and to choose such officers as…

2Cases cited1 opinion

  1. Sutton Manufacturing Co. v. Inhabitants of SuttonMassachusetts Supreme Judicial Court · 1871

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