Ewin v. Independent School District No. 8
Idaho Supreme Court
APPEAL from District Court in and for the County of Shoshone. Honorable Balph T. Morgan, Judge. From a judgment in favor of defendant on sustaining a demurrer to the complaint, plaintiff appeals. Under the statute authorizing school boards to employ or discharge teachers, it is not necessary that the members thereof should meet and act as a board in order to make a valid contract for the employment of a teacher, when they all assent to the employment. (School Dist.
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APPEAL from District Court in and for the County of Shoshone. Honorable Balph T. Morgan, Judge. From a judgment in favor of defendant on sustaining a demurrer to the complaint, plaintiff appeals. Under the statute authorizing school boards to employ or discharge teachers, it is not necessary that the members thereof should meet and act as a board in order to make a valid contract for the employment of a teacher, when they all assent to the employment. (School Dist. No. 25 v. Stone, 14 Colo. App. 211, 59 Pae. 885; Gfane v. Benington School Dist., 61 Mich. 299, 28 N. W. 105.) The presumptions…
1Opinion of the Court
AILSHIE, J. —
This case was commenced in the district court of Shoshone county by the plaintiff, Elizabeth Ewin, for the recovery of $300 damages for her wrongful dismissal as a *107teacher in tbe public schools of the town of Wallace. By .her complaint she alleges that on the eighth day of April, 1901, the town of Wallace constituted School District No. 8 of Shoshone county and that Angus Sutherland, J. H. Wourms and D. C. McKissick were at that time the members of its board ■of trustees. She alleges that on that date, and while she was the holder of a valid teacher’s certificate authorizing and…
2Cases cited7 opinions
- Kennedy v. Board of EducationCalifornia Supreme Court · 1890
- Eckloff v. District of ColumbiaSupreme Court of the United States · 1890
- Farrell v. School-District No. 2Michigan Supreme Court · 1893
- Gillan v. Board of Regents of Normal SchoolsWisconsin Supreme Court · 1894
- Fairchild v. Bd. of Educ. of San FranciscoCalifornia Supreme Court · 1895
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3Cited by13 opinions
- Backie v. Cromwell Consolidated School District No. 13Supreme Court of Minnesota · 1932
- Independent School Districts Nos. 1, 2, 3, 5, 7 & 9 v. Common School Districts Nos. 1Idaho Supreme Court · 1936
- Village of Kendrick v. NelsonIdaho Supreme Court · 1907
- Gowey v. SiggelkowIdaho Supreme Court · 1963
- Barton v. RogersIdaho Supreme Court · 1912
8 more not listed; retrieve them via the Exa API.