Legal Opinion

Duffey v. School Committee

Massachusetts Supreme Judicial Court

Decided May 19, 1920PublishedCited by 17 opinions

Petition, filed in the Supreme Judicial Court for the county of Suffolk on December 15, 1919, for a writ of mandamus directing the school committee of the town of Hopkinton to reinstate the petitioner as a teacher in the public schools, from which position she alleged that she had been illegally removed. The petition was heard by Carroll, J. Material facts found by him are described in the opinion.

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Petition, filed in the Supreme Judicial Court for the county of Suffolk on December 15, 1919, for a writ of mandamus directing the school committee of the town of Hopkinton to reinstate the petitioner as a teacher in the public schools, from which position she alleged that she had been illegally removed. The petition was heard by Carroll, J. Material facts found by him are described in the opinion. He “ruled that thirty days’ notice was given to the petitioner before action was taken by the committee dismissing her.” He found that no “recommendation for the petitioner’s removal was made by…

1Opinion of the CourtRugg, C. J.

This is a petition for a writ of mandamus brought to secure reinstatement as teacher in the public schools of Hopkinton, a position from which the petitioner alleges that she has been removed wrongfully.

The salient facts are that the petitioner had been a teacher in the high school in Hopkinton since September, 1913, until December, 1919, when she was dismissed by a two thirds vote of the school committee. She was notified in writing by letter, dated November 1, 1919, of the intention of the school committee to vote on the question of her dismissal at a meeting to be held on December 6, 1919.

T…

2Cases cited1 opinion

  1. Boucher v. Salem Rebuilding CommissionMassachusetts Supreme Judicial Court · 1916

3Cited by17 opinions

  1. Simon v. Town of NeedhamMassachusetts Supreme Judicial Court · 1942
  2. Caires v. Building CommissionerMassachusetts Supreme Judicial Court · 1949
  3. School Committee of the City of Lowell v. Mayor of LowellMassachusetts Supreme Judicial Court · 1928
  4. Attorney General v. Trustees of Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1946
  5. Caverno v. FellowsMassachusetts Supreme Judicial Court · 1938

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