Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 15

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 15

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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. 1840 edition. Excerpt: ...cases where assessments shall be made, the remedy in trespass, or other form of action, shall be pursued against the inhabitants of the town. And that they shall have their remedy over against the assessors by whose act the injury may have occurred. If there was no school district by territorial limits, the tax was not such an one as the assessors were by law required to assess, and the liability in such a case, does not rest solely with the town. lf the statute of lllarch 1831, will protect the assessors, it does not follow that the town must suffer. The question as to the construction of the statute of 1826, c. 337, has once before incidentally arisen, in the case, Inhabitants of School District No. 1, in Greene v. Bailey, 3 Fairfi 254, in error. And in delivering the opinion of the Court, in that case, the Chief Justice observed, " It could never have been intended that a town should be held answerable for any improper proceedings, wilful or otherwise, on the part of the majority of a school district. In Little v. Merill & al. 10 Pick. 543, the Supreme Court of Massa. chusctts took the same view of the subject, when commenting on a similar statute." After this direct expression of the opinion of the Court as to the intent of the Legislature, no further advance having been made by that body indicating a disposition to do more on the subject, we see no suflicient ground for changing the construction then given, though it may be very desirable that some more distinct modification should be made respecting the remedy for a person improperly affected by the proceedings in school districts. The exceptions are overruled. In an action against the indorser of a note, when the facts have been ascer_ tained, whether legal notice...
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Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 1236910664
  • 9781236910660