Legal Opinion

Williams v. School District No. 6

Supreme Court of Vermont

Decided November 15, 1860PublishedCited by 20 opinions

Certiorari to revise the proceedings of the county court in regard to the location of the defendant’s school-house on the plaintiff’s land.

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Certiorari to revise the proceedings of the county court in regard to the location of the defendant’s school-house on the plaintiff’s land. It appeared that the selectmen of Newfane, on the 14th of August, 1858, at the request of the defendant’s prudential committee, under the law of 1857, entitled “ an act in relation to the location of school-houses,” (see acts of 1857, No. 58, p. 71,) located the defendant’s school-house upon certain land belonging to the plaintiff, and caused the land so designated for such location, containing half an acre, to be surveyed and described by metes and…

1Opinion of the Court

Poland J.

The petitioner claims that the act of 1857, under which his land was taken by the school district for a site for a school house, is unconstitutional and void, upon the ground that such taking was not for a public use.

From the earliest period in this State, the proper education of all the children of its inhabitants has been regarded as a matter of vital interest to the State, a duty which devolved upon its government, and which should be fulfilled at the public expense.

The constitution of the State especially enjoins upon the legislature the duty of passing laws to carry out this…

2Cases cited10 opinions

  1. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
  2. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  3. The West River Bridge Company v. DIXSupreme Court of the United States · 1848
  4. Swan v. WilliamsMichigan Supreme Court · 1852
  5. Hartwell v. ArmstrongNew York Supreme Court · 1854

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3Cited by20 opinions

  1. Brigham v. StateSupreme Court of Vermont · 1997
  2. Allen v. Inhabitants of JaySupreme Judicial Court of Maine · 1872
  3. Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
  4. Tyler v. BeacherSupreme Court of Vermont · 1871
  5. Rutland Railway, Light & Power Co. v. Clarendon Power Co.Supreme Court of Vermont · 1912

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