Legal Opinion

Stetson v. . Board of Education

New York Court of Appeals

Decided May 30, 1916PublishedCited by 7 opinions

Appeal from a judgment, entered January 19, 1915, •upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court- at a trial term without a jury, and directing a dismissal of the complaint. ■ The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment, entered January 19, 1915, •upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court- at a trial term without a jury, and directing a dismissal of the complaint. ■ The nature of the action and the facts, so far as material, are stated in the opinion. Either of the certificates of license issued to the plaintiff by the superintendent of public instruction fully qualified him for the position of principal of Public School No. 104. (L. 1864, ch. 555, tit.…

1Opinion of the CourtCollin, J.

The plaintiff at the Trial Term recovered, in accordance with the allegations of his complaint, a judgment for arrears of salary as principal of public school number 104 of the borough of Brooklyn for the period from December, 1903, to the date of the commencement of this action. The Appellate Division reversed the judgment and dismissed the complaint upon the merits.

The salient facts are: Prior to 1890 the plaintiff became, under the general statutes, by virtue of a diploma issued by a state normal school, as well as by a certificate of qualification granted by the state superintendent of…

2Cases cited7 opinions

  1. People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
  2. Steinson v. . Bd. of Education of N.Y.New York Court of Appeals · 1901
  3. People Ex Rel. Reynolds v. . Common CouncilNew York Court of Appeals · 1893
  4. Binder v. LanghorstIllinois Supreme Court · 1908
  5. Pitt v. . Board of EducationNew York Court of Appeals · 1915

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3Cited by7 opinions

  1. Austin v. Board of Higher EducationNew York Court of Appeals · 1959
  2. Bacon v. Board of EducationNew York Supreme Court · 1953
  3. Downey v. Lackawanna City School DistrictAppellate Division of the Supreme Court of the State of New York · 1976
  4. Jaffe v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1934
  5. Aaron v. AllenNew York Supreme Court · 1967

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