Legal Opinion

Kirkpatrick v. Independent School District of Liberty

Supreme Court of Iowa

Decided April 27, 1880PublishedCited by 12 opinions

Appeal from Marion Circuit Cov/t't. The plaintiff avers that he was employed by the defendant school district to teach a school for the period of six months for the sum of one hundred and forty dollars; that after he taught nine weeks the board of directors of the defendant school district dismissed him, but did so without complying .with the statute in that respect; that the defendant paid him for what he taught, but that he was damaged by the im-' proper and unlawful…

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Appeal from Marion Circuit Cov/t't. The plaintiff avers that he was employed by the defendant school district to teach a school for the period of six months for the sum of one hundred and forty dollars; that after he taught nine weeks the board of directors of the defendant school district dismissed him, but did so without complying .with the statute in that respect; that the defendant paid him for what he taught, but that he was damaged by the im-' proper and unlawful dismissal in the sum of ninety dollars. The defendant avers that, its proceedings were regular, and if not that the plaintiff…

1Opinion of the Court

Adams, Oí-i. J.

l. schools : teaciierfof remedy of teacher. What the evidence and rulings were will appear sufficiently from the question certified, which in substance is: whether, in case a board of school directors discharge a teacher upon the ground of , . . ,, . , mcompetency,. without complying with section 1731 of the Code, he can at once maintain an action for damages as for breach of contract. ‘

The section referred to is in these words: “In case a teacher employed in any of the schools of the district township is found to be incompetent *. * . * the board of directors may, after a full…

2Cited by12 opinions

  1. Stone v. FrittsIndiana Supreme Court · 1907
  2. Burkhead v. Independent School DistrictSupreme Court of Iowa · 1898
  3. Jackson v. Independent School DistrictSupreme Court of Iowa · 1900
  4. Curttright v. Independent School DistrictSupreme Court of Iowa · 1900
  5. Schultz v. Consolidated Independent School DistrictSupreme Court of Iowa · 1925

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