This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1873 edition. Excerpt: ... action, ' and herein there
is an essential difference between this case and that of Johnson v.
Thorndike. The'district had no legal right, un-der the
circumstances then existing, to raise money by taxation to build a
school-house on the lot where they did build it. It is not a
question of expediency merely, as to the raising of money for that
purpose, but one of legal right purely. Has any majority, less than
two-thirds of a school district, the power under our statutes to
locate a school-house, and raise money to build it, on a lot to
which more than one-third of the voters present and voting object,
and against which the appellate tribunal, created by the statute,
have filed their decision? The answer must be in the negative.-3.
But it is suggested, that until after the reception of parol evi
dence of the application to the agent, and the ordering of the
mandamus to the clerk of the district, there was no record evidence
that the meeting of March 28, 1867, was a legal meeting, and,
therefore, the appeal from its decision, and the decision of the
municipal officers in favor of the location, voted for by the
minority, were invalid. Not so. If the fact of the application and
subsequent legal proceedings existed, and the meeting was actually
regularly called and notified, its proceedings were valid. The
clerk's dereliction and the failure to record the application and
warrant, might make the proof more difficult, but it did not
invalidate the doings of the meeting. Certainly as among themselves
the voters of the district must be held cognizant of the facts.
That parol evidence is admissible to supply the deficiency, was
expressly decided in Soper v. Livermore, 28 Maine, 202. It is not
in the power of the clerk of a school...
|Country of origin:
Maine. - Supreme Judicial Court.
||246 x 189 x 12mm (L x W x T)
||Paperback - Trade
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