Legal Opinion

Town of Barre v. School District No. 13

Supreme Court of Vermont

Decided May 15, 1894PublishedCited by 10 opinions

Assumpsit. Heard upon an agreed statement of facts at the March term, 1894, Washington county, Tyler, J., presiding. Judgment pro forma for the defendant. The plaintiff excepts. The legislature has supreme control over the funds of municipalities. Montpelier v. East Montpelier, 29 Vt. 12 ; 1 Dill., Mun. Cor., ss. 66, 187 ; Laramie County v. Albany County, 92 U. S. 307 ; Cool., Const.

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Assumpsit. Heard upon an agreed statement of facts at the March term, 1894, Washington county, Tyler, J., presiding. Judgment pro forma for the defendant. The plaintiff excepts. The legislature has supreme control over the funds of municipalities. Montpelier v. East Montpelier, 29 Vt. 12 ; 1 Dill., Mun. Cor., ss. 66, 187 ; Laramie County v. Albany County, 92 U. S. 307 ; Cool., Const. Lim., 192 ; 1 Greenl., Ev., (4th Ed.), s. 331; Darlington v. New York, 31 N. Y. 164; Railroad Co. v. Ellenan, 105 U. S. 166. When a municipality is abolished and no provision made as to its funds, they belong to…

1Opinion of the CourtRoss, C. J.

In this action the town of Barre, in its capacity as a school district, seeks to recover from school district No. 13, in Barre, four hundred sixty-six dollars and fifty-seven cents, and what may be realized from two hundred dollars uncollected taxes. To recover the latter, except for the agreement of the parties, this form of action, assumpsit in the common counts, would not be applicable. The case has been made up and the facts agreed upon, including the uncollected taxes, to enable the parties tó obtain the opinion of this court, with reference to the relative rights of the parties to the…

2Cases cited6 opinions

  1. Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
  2. City of Winona v. School-District, No. 82Supreme Court of Minnesota · 1889
  3. Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1856
  4. Williams v. School District No. 6Supreme Court of Vermont · 1860
  5. Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1854

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Kelley v. Brunswick School DistrictSupreme Judicial Court of Maine · 1936
  2. Village of Hardwick v. Town of WolcottSupreme Court of Vermont · 1925
  3. Athens School District v. Vermont State Board of EducationSupreme Court of Vermont · 2020
  4. Town School District v. School District No. 2Supreme Court of Vermont · 1900
  5. Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936

5 more not listed; retrieve them via the Exa API.

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