School District No. 1 v. Sanborn
Superior Court of New Hampshire
Debt, for penalties. The first count alleged that the defendants - were duly chosen selectmen o;f Danville for the year 1847, accepted, were qualified, and executed the office.
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Debt, for penalties. The first count alleged that the defendants - were duly chosen selectmen o;f Danville for the year 1847, accepted, were qualified, and executed the office. They duly assessed a school tax, and on the first of May assigned to the several school districts their proportions, and to district No. 1 $88,12, being their legal proportion; that a prudential school committee wás chosen by the district, who accepted the office, and was legally authorized to receive the money, was ready to receive it, and on the 14th of March, 1848, requested the defendants to pay it over to him, but…
1Opinion of the CourtBell, J.
The claims of the plaintiffs, out of which this action for penalties grows, have no foundation in justice. It is a claim to apply for the benefit of those who remain inhabitants of school district No. 1, the whole tax collected of the inhabitants of No. 1, and of the new district No. 4, which was severed from No. 1, a few days before or after the tax was assessed, and before any part had been expended for the common benefit.
The general principle in relation to the application of school money is, that each district is entitled to the benefit of the money raised from the inhabitants of it, for…
2Cases cited1 opinion
- Blake v. SturtevantSuperior Court of New Hampshire · 1842