Legal Opinion

State ex rel. Early v. Wunderlich

Supreme Court of Minnesota

Decided January 2, 1920No. 21,487PublishedCited by 21 opinions

Upon the application of relator the district court for Bamsey county granted its writ of alternative mandamus directing the commissioner of education of the city of St. Paul to reinstate relator in her position as teacher in the public schools of that city and to place relator’s name upon the payroll of the city, or show cause why he had not done so.

Read the full summary

Upon the application of relator the district court for Bamsey county granted its writ of alternative mandamus directing the commissioner of education of the city of St. Paul to reinstate relator in her position as teacher in the public schools of that city and to place relator’s name upon the payroll of the city, or show cause why he had not done so. Bespondents separately demurred to the petition and writ on the ground that they did not state facts sufficient to entitle relator to the relief demanded. From an order, Haupt, J., sustaining demurrers to the alternative writ of mandamus,…

1Opinion of the Court

Taylor, C.

The relator appeals from an order sustaining a demurrer to her petition for a writ of mandamus and to the alternative writ issued thereon by which she sought to compel the defendants to reinstate her as a teacher in the public schools of the city of St. Paul.

Prior to the year 1914, the schools of the city were controlled by a board of school inspectors which had the power to remove teachers at will. In 1914 the present charter establishing a commission form of government went into effect. The present charter vests the control of the schools in the commissioner of education, subject…

2Cases cited25 opinions

  1. Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
  2. People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
  3. People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
  4. People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
  5. Studebaker Bros. v. MauWyoming Supreme Court · 1905

20 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Cook v. TrovattenSupreme Court of Minnesota · 1937
  2. State ex rel. Fischer v. City of LincolnNebraska Supreme Court · 1939
  3. Olson v. Regents of the University of MinnesotaDistrict Court, D. Minnesota · 1969
  4. Oikari v. Independent School District No. 40Supreme Court of Minnesota · 1927
  5. State Ex Rel. Verbon v. County of St. LouisSupreme Court of Minnesota · 1943

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API