People ex rel. McIver v. Board of Education
New York Supreme Court
Motion for a peremptory mandamus. The relator was a licensed teacher of common schools in the city of New-York. On complaint of hi's alleged immorality, Joseph McKeen, city superintendent, gave ten days’ notice to the relator, and to the trustees of the schools where he was employed, of his intention to annul the relator’s certificate, and after ten. days did annul it, by an instrument in the form prescribed by the state superintendent, (the secretary of state,) which was…
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Motion for a peremptory mandamus. The relator was a licensed teacher of common schools in the city of New-York. On complaint of hi's alleged immorality, Joseph McKeen, city superintendent, gave ten days’ notice to the relator, and to the trustees of the schools where he was employed, of his intention to annul the relator’s certificate, and after ten. days did annul it, by an instrument in the form prescribed by the state superintendent, (the secretary of state,) which was filed according to law. The board of education refused to pay the relator his salary thereafter, on the ground that he was…
1Opinion of the Court
By the Court, Edmonds, P. J.
The question involved on this motion for a mandamus, is, whether the city superintendent of- common schools for the city and county of New-York has power to annul a license granted to a teacher.
The county superintendents had that power originally, and the town superintendents have it now. In November, 1847, the office of county superintendent was abolished in every county except New-York, and there continued to be in that county a county superintendent, until 1851, when that office also was abolished and a city superintendent, Tyas substituted, and his powers and…
2Cited by2 opinions
- Stone v. FrittsIndiana Supreme Court · 1907
- Giles v. AnslowIllinois Supreme Court · 1889