Judd v. Thompson
Massachusetts Supreme Judicial Court
Tort against the assessors of Monterey, for illegally assessing and causing to be collected a school-district tax. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on an agreed statement of facts in substance as follows : Before and at the time of the passage of the St. of 1869, c. 110, abolishing the school-district system, the town of Monterey was divided into nine school districts.
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Tort against the assessors of Monterey, for illegally assessing and causing to be collected a school-district tax. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on an agreed statement of facts in substance as follows : Before and at the time of the passage of the St. of 1869, c. 110, abolishing the school-district system, the town of Monterey was divided into nine school districts. In the warrant for the annual town meeting in March, 1871, was the following article : “ To see if the town will vote to reestablish the school…
1Opinion of the CourtMorton, J.
Under the St. of 1870, e. 196, the town of Monterey could not reestablish school districts except “ by a vote of two thirds of the legal voters, present and voting thereon,” at a meeting legally called for that purpose.
In Andrews v. Boylston, 110 Mass. 214, it was held that a vote of the defendant town “to reestablish the school-district system ” was defective and insufficient, because the record failed to show that the vote was adopted by two thirds of the legal voters present and voting thereon, and that this fact could not be proved by parol evidence. It is clear, therefore, in the case at…
2Cases cited2 opinions
- Halleck v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1875
- Andrews v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1872
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- Suburban Land Co. v. Town of BillericaMassachusetts Supreme Judicial Court · 1943
- Warr v. Collector of TaxesMassachusetts Supreme Judicial Court · 1920
- Attorney General v. CrockerMassachusetts Supreme Judicial Court · 1885
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