Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 60
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Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 60

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 60


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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...


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Product Details
  • ISBN-13: 9781230082141
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 220
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 123008214X
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 399 gr


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Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 60
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