People Ex Rel. Hoffman v. . Bd. of Education
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 31, 1886, which confirmed the proceedings and final determination of the board of education of the city of Hew York -imposing a fine upon the relator, which proceedings were 'brought up for review by writ of certiorari.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 31, 1886, which confirmed the proceedings and final determination of the board of education of the city of Hew York -imposing a fine upon the relator, which proceedings were 'brought up for review by writ of certiorari. The relator, who was the principal of one of the public schools in the city of New York, was charged by the parent of one of the pupils with improper conduct during the examination of said pupil, and with having so discriminated against her as to obtain an improper result…
1Opinion of the CourtEarl, J.
The relator was principal of one of the public schools in the city of Hew York, and she was fined by the board of education “fifteen days’ pay for disobeying the instructions of the city superintendentand she instituted this 23roceeding by certiorari to review and reverse the imposition of that fine. She claims that the board had no authority to impose the fine, and in this we think she is clearly right.
The imjwsition of a fine is a species of punishment, and before any body, tribunal or officer can impose it, authority therefor must be clearly found in some statute.
Sections 1022 and 1026 of…
2Cases cited1 opinion
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by5 opinions
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Merchants Ladies Garment Ass'n v. Coat House of SchwartzCity of New York Municipal Court · 1934
- Ridenour v. Board of EducationNew York Supreme Court · 1896
- Farrell v. Board of EducationAppellate Terms of the Supreme Court of New York · 1910
- Ridenour v. Board of EducationNew York Supreme Court · 1895