Legal Opinion

Gildersleeve v. Board of Education

New York Court of Common Pleas

Decided July 15, 1863PublishedCited by 13 opinions

Appeal from a judgment dismissing the complaint. This action was brought by Laura H. G-ildersleeve against the Board of Education of the city and county of Hew York to recover $233.33, her salary, for the term of seven months, as a teacher in one of the public schools of the city of Hew York, after an alleged discharge from her position. The facts sufficiently appear from the opinion.

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Appeal from a judgment dismissing the complaint. This action was brought by Laura H. G-ildersleeve against the Board of Education of the city and county of Hew York to recover $233.33, her salary, for the term of seven months, as a teacher in one of the public schools of the city of Hew York, after an alleged discharge from her position. The facts sufficiently appear from the opinion. I. The meeting of 20th August, 1858, was illegal. 1. Because all of the members of the board of trustees were not present; and those who were not present, were not notified of the meeting. (Code on Pub.…

1Opinion of the Court

Daly, F. J.

—The certificate given by the city superintendent to the plaintiff was in the form prescribed by the Board of Education. It was, that she "was qualified to teach as first assistant of a grammar-school, and that she was licensed as a teacher of grade A.

Upon the certificate, she was appointed by the board of school trustees of the twelfth ward principal of the primary department of grammar-school Ho. 37 in that ward, and discharged the duties thereof for the period of two years and eight months; that is, from the 1st of January, 1856, to the 17th September, 1858 ; her salary being…

2Cases cited7 opinions

  1. Ex parte RogersNew York Supreme Court · 1827
  2. McCoy v. CurticeNew York Supreme Court · 1832
  3. Horton v. GarrisonNew York Supreme Court · 1856
  4. Lee v. ParryNew York Supreme Court · 1847
  5. Pell v. UlmarNew York Supreme Court · 1856

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3Cited by13 opinions

  1. Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
  2. In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
  3. McCutchen v. WindsorSupreme Court of Missouri · 1874
  4. Swedback v. OlsonSupreme Court of Minnesota · 1909
  5. Lake Shore & Michigan Southern Railway Co. v. MahleNew York Supreme Court · 1911

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