4 Denio 297 | N.Y. Sup. Ct. | 1847
The objection made by the plaintiff is, that no definite sum was voted by the district meeting as a tax for building the new school house; and as the law formerly stood the objection would have been fatal to the proceedings. (Robinson v. Dodge, 18 John. 351; Trumbull v. White, 5 Hill, 46.) But it is now provided, that when the trustees of any school district are required or authorized by law, or by vote of their district, to incur any expense for such district, they may raise the amount thereof by tax in the same manner as if the definite sum to be raised had been voted by a district meeting; and the same shall be collected and paid over in the same manner. (Stat. 1841; p. 238, § 14.) The words are clearly broad enough to cover the case. The trustees were authorized, by the vote of their district, to sell the old school house, and build a new one in its place; in doing which, they would necessarily incur expense. The law limited the maximum expense for the new house to four hundred dollars. (1 R. S. 478, § 64.) And the vote of the district fixing the dimensions of the house, ar d directing the work to be sold to the lowest
The judgment of the C. P. must be reversed, and that of the justice affirmed.
Ordered accordingly.