63 Me. 241 | Me. | 1871
In 1869 the plaintiff taught a public school at Farmington Falls, in a district composed of what had formerly been school district number one in Farmington and school district
I. It is undoubtedly true that the voluntary payment of another’s debt by a stranger will give no right of actioxx in the naxne of the stranger against the debtor; but it is not true that a xxxere advancement of the moxxey due by a stranger will bar a x'ight of action against the debtor by the original creditor. This action is in the xxame of the original creditor; and the fact that she was enabled to obtain axx advancement of the amount due her from an accommodating citizen, is no bar to it, the suit being prosecuted with her consent and under her authority. In fact, we are not prepared to say that the one making the advancement should not be regarded as an equitable assignee of the right of action, and entitled to the use of the plaiixtiff’s naxne to, recover the amouxxt due, without her consent even. But it is unnecessary to decide this point, for she testifies that she does authorize the suit to be carried on in her name.
II. School districts, whether a part of one or more towns, that have exexnised the privileges of a district for one year, are presumed to be legally ox-ganized. R. S., e. 11, § 16. It is uxmecessax*y to determine whether this is a conclxxsive or a disputable presumption; for this court has already held that evidence of an abortive attempt to organize the district is not sufficient to rebut the pi'esumption; and no other evidence is offered in this case. Collins v. School District, 52 Maine, 522. The school distxict in
III. No school teacher can recover pay, unless the register required by law is properly kept, and returned; nor unless such teacher has obtained the requisite certificate from the school committee. In the case of union districts the certificate is to be obtained from and the register returned to the superintending school committee of the town “where the school house of such district is situated, or has been located, or where the school is kept; or if there is no such school house or school,” then to the committee of the oldest town from which a part of the district is taken. E. S., c. 11, § 41. It is true that this district had a school house in Chesterville. It is also true that it at one time voted to locate its school house there. But it also had a school house in the Farmington portion of the district, and its last vote was to locate the school house there; and the school was actually kept there; and Farmington was the oldest town. Under these circumstances, we think the plaintiff was justified in obtaining her certificate from, and returning her register to, the superintending school committee of the town of Farmington. The objection, therefore, that she should have obtained her certificate from the school committee of the town of Chesterville, and returned her register to them, is not sustained. Judgment for plaintiff for
fifteen dollars and interest from the date of her writ.