Rumney & Wentworth Union School District v. Smart
Superior Court of New Hampshire
Debt against Richard Smart, William W. Gibson, and Edward R. Webster, selectmen of Rumney for the year 1844. Pleas, 1. Nil debit. 2. No such corporation. In support of the action the plaintiff's introduced an act of the legislature to unite school district No. 5, in Rumney, and district No. 7, in Wentworth, passed on the 2d day of July, 1842, with evidence of a meeting of the Rumney members of the distinct, in 1842, for the purpose of organizing under the charter.
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Debt against Richard Smart, William W. Gibson, and Edward R. Webster, selectmen of Rumney for the year 1844. Pleas, 1. Nil debit. 2. No such corporation. In support of the action the plaintiff's introduced an act of the legislature to unite school district No. 5, in Rumney, and district No. 7, in Wentworth, passed on the 2d day of July, 1842, with evidence of a meeting of the Rumney members of the distinct, in 1842, for the purpose of organizing under the charter. Upon an objection that there was no such district in the town of Rumney at that time, as district No. 5, having its limits legally…
1Opinion of the CourtWoods, J.
It may not be necessary to decide how far an act of the legislature is an estoppel against denying the legal existence of the quasi-corporate body named as *272plaintiff in this case. It seems to be admitted that the act constituting the “Rumney and Wentworth Union School District” would be conclusive, if the existence of the 5th district in Rumney, one of the necessary, integral elements of that creation, could be established.
It was held, in School District v. Aldrich, 13 N. H. Rep. 139, that upon the trial of an issue upon the legal existence of the plaintiff, it was necessary to show that it…
2Cases cited1 opinion
- School District No. 3 v. AldrichSuperior Court of New Hampshire · 1842