Citation Numbers: 5 R.I. 602
Judges: Ames
Filed Date: 7/1/1855
Status: Precedential
Modified Date: 7/20/2022
The appellant, tax collector of School District No. 10, North Providence, has suffered no grievance at the hands of the district, of which he can complain to the school
Besides, a money claim of this sort, made by a school district against its collector or treasurer, seems to be wholly without the jurisdiction of the commissioner. He can issue no execution to enforce it, nor can he enjoin any suit commenced upon it. It must, necessarily, be adjusted by the ordinary tribunals of thé law, which are clothed with powers to aid the'right, in the way both of pursuit and defence. The school law, (ch. 61, § 6, of the Bevised Statutes,) by enabling school districts to require bonds of their- clerks, collectors, and treasurers, points to the ordinary legal remedies against such officers, in case they do not faithfully account for moneys received by them, or damages are sought against them for other breach of official duty.
The school commissioner, in my judgment, was right in dismissing this appeal.