Legal Opinion

Weeks v. Batchelder

Supreme Court of Vermont

Decided August 15, 1868PublishedCited by 1 opinion

Trespass for taking certain personal property. Plea, tbe general issue, and notice that the defendant would justify as having distrained and sold the property upon a legal tax in school district No. 23 in Danville, by virtue of a rate-bill and warrant to him directed as collector of said district. Trial by the court, December term, 1867, Steele, J., presiding. Judgment for the defendant. Exceptions by the plaintiff.

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Trespass for taking certain personal property. Plea, tbe general issue, and notice that the defendant would justify as having distrained and sold the property upon a legal tax in school district No. 23 in Danville, by virtue of a rate-bill and warrant to him directed as collector of said district. Trial by the court, December term, 1867, Steele, J., presiding. Judgment for the defendant. Exceptions by the plaintiff. The first question upon which exceptions were reserved, was whether the town had created any such school district. On the 16th day of April, 1860, the selectmen of Danville warned…

1Opinion of the Court

The opinion of the court was delivered by

Prout, J.

The questions in this case are, 1st, whether the business of the meeting is sufficiently set forth in the warning of April 16, 1860 ; 2d, whether upon the facts school district No. 23 was legally formed ; and 3d, whether the collector’s warrant is valid.

I. The warning we think sufficiently definite. It was, to see if the town would vote to divide school district No. 9, and to make such other alterations in school districts in town as might be found necessary; by its terms pointing to the formation of a *320new school district by dividing district…

2Cases cited2 opinions

  1. Read v. Town of JamaicaSupreme Court of Vermont · 1868
  2. Hewett v. MillerSupreme Court of Vermont · 1849

3Cited by1 opinion

  1. Town of Milton v. Bert's Mobile Home Park, Inc.Supreme Court of Vermont · 1971

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