Child v. Colburn
Supreme Court of New Hampshire
Petition for a mandamus, preferred by Nahum A. Child, of Temple, who represents that he is an inhabitant of school district No. 5, in that town, and that, at a legal meeting in said district, in March, 1873, he was chosen and qualified as prudential committee of the district; that at the annual town-meeting, in March, 1873, the defendants, Colburn and Bacon, with one Cutter, since deceased, were chosen and qualified as selectmen ; that at the same meeting the town raised…
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Petition for a mandamus, preferred by Nahum A. Child, of Temple, who represents that he is an inhabitant of school district No. 5, in that town, and that, at a legal meeting in said district, in March, 1873, he was chosen and qualified as prudential committee of the district; that at the annual town-meeting, in March, 1873, the defendants, Colburn and Bacon, with one Cutter, since deceased, were chosen and qualified as selectmen ; that at the same meeting the town raised $600 for school purposes, which sum should have been assessed, collected, and apportioned to the several school districts,…
1Opinion of the CourtFoster, J.
The determination of this case depends upon the validity and effect of the proceedings of the voters of the town of Temple, in the effort of a majority of them to abolish the school districts in the town, and avail themselves of the privileges conferred by the act of July 2, 1870, ch. 8, entitled “An act enabling towns to abolish school districts in certain cases.”
This act, in its first section, provides that any town may at any time abolish the school districts therein, “ and shall thereupon forthwith take possession of all the school-houses, laud, apparatus, and other property owned and…
2Cases cited1 opinion
- Sutton Manufacturing Co. v. Inhabitants of SuttonMassachusetts Supreme Judicial Court · 1871
3Cited by1 opinion
- Pittsburg v. DanforthSupreme Court of New Hampshire · 1875