Abbot v. Inhabitants of the third school district in Hermon
Supreme Judicial Court of Maine
This was assumpsit for the labor and materials expended in building a school house for the defendants. At the trial béfore Parris J. the plaintiff offered copies of the warrant for calling a district meeting, September 8,1821, and of the record of its transactions relative to the building of a school house. The warrant was directed to William Holt, Junior, but the return was made by William Holt. The record stated that William Holt was chosen moderator.
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This was assumpsit for the labor and materials expended in building a school house for the defendants. At the trial béfore Parris J. the plaintiff offered copies of the warrant for calling a district meeting, September 8,1821, and of the record of its transactions relative to the building of a school house. The warrant was directed to William Holt, Junior, but the return was made by William Holt. The record stated that William Holt was chosen moderator. And to prove that the clerk was duly sworn, the plaintiff offered a certificate signed by William Holt, Junior, stating that at the meeting…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court at the ensuing July term in Waldo.
The services of the plaintiff were performed under the supposed ■authority of Thompson, Holt and Kacey. On inspecting the papers introduced as evidence to prove their authority, we are all satisfied that the presiding judge very properly decided that they were insufficient to shew such authority. Whether the school district meeting on the 8th of September, 1821, was regularly called and notified or not, the certificate of the proceedings of the meeting import any thing but certainty and consistency. It is stated…
2Cases cited1 opinion
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Swenson v. Village of Bird IslandSupreme Court of Minnesota · 1904
- Klug v. SheriffsWisconsin Supreme Court · 1906