Legal Opinion

Hall v. School District No. 3

Supreme Court of Vermont

Decided August 15, 1873Published

Assumpsit for money had and received in payment of taxes. Trial at the March term, 1873, Peck, J., presiding. The plaintiff’s farm, on which he lived in 1869 and 1870, and before and after, had been for many years, and at least until March, 1870, a part of the defendant district; and thereafter continued - to be a part thereof, unless legally set therefrom by a vote of the town as hereafter stated.

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Assumpsit for money had and received in payment of taxes. Trial at the March term, 1873, Peck, J., presiding. The plaintiff’s farm, on which he lived in 1869 and 1870, and before and after, had been for many years, and at least until March, 1870, a part of the defendant district; and thereafter continued - to be a part thereof, unless legally set therefrom by a vote of the town as hereafter stated. Said taxes were assessed on the plaintiff’s list of 1870 or 1871, which was made up of his "said farm, and the property thereon, and his poll. The warning for the annual town meeting, in March,…

1Opinion of the Court

*21The opinion of the court was delivered by

Eoyce, J.

In Ovitt v. Chase, 37 Vt. 196, the court held that an article in the warning, “To see if the town will make alterations in school districts when met,” was sufficiently definite to warrant- the consideration by the town, of any proposed change in the limits of the existing school districts in town. The construction given to the warning in that case, is decisive of the construction which should be given to the article in the warning under which the town acted in this, unless the particularizing certain individuals in the article as wishing to be…

2Cases cited1 opinion

  1. Ovitt v. ChaseSupreme Court of Vermont · 1864

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