State v. Van Syckel

Supreme Court of New Jersey

State v. Van Syckel

46 N.J.L. 492

CourtSupreme Court of New Jersey

DecidedNovember 15, 1884

StatusPublished

Cited by1 cases

This text of 46 N.J.L. 492 (State v. Van Syckel) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Van Syckel, 46 N.J.L. 492 (N.J. 1884).

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Opinion

The opinion of the court was delivered by

Dixon, J.

The act to establish a system of public instruction, {Rev., p. 1070,) requires (section 39, ¶ 11,) that special meetings of the voters of the district should be called by the board of trustees, and (section 86) that notice of such meetings should be given by the district clerk. Only at a meeting of the voters legally convened can authority be given to levy a tax for the erection of a school-house, (section 39, ¶ 3,) and to support such a tax it must appear that the meeting, if special, was duly summoned. State, Lamb, pros., v. Hurff, 9 Vroom 310; State, Slack, pros., v. Palmer, 10 Vroom 250; Bogart v. Trustees, 14 Vroom 358. The state of the case shows that neither of these statutory provisions was complied with in the present instance, and consequently the tax must be set aside.

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The opinion of the court was delivered by

Dixon, J.

The act to establish a system of public instruction, {Rev., p. 1070,) requires (section 39, ¶ 11,) that special meetings of the voters of the district should be called by the board of trustees, and (section 86) that notice of such meetings should be given by the district clerk. Only at a meeting of the voters legally convened can authority be given to levy a tax for the erection of a school-house, (section 39, ¶ 3,) and to support such a tax it must appear that the meeting, if special, was duly summoned. State, Lamb, pros., v. Hurff, 9 Vroom 310; State, Slack, pros., v. Palmer, 10 Vroom 250; Bogart v. Trustees, 14 Vroom 358. The state of the case shows that neither of these statutory provisions was complied with in the present instance, and consequently the tax must be set aside.

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Bluebook (online)

46 N.J.L. 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-van-syckel-nj-1884.

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