State ex rel. Lewellen v. Smith
Nebraska Supreme Court
Error from the district court of Gage county. Tried below before Letton, J. The board had authority to enter into the written contract to employ H. W. Killen as teacher. He was qualified to teach. The contract is binding on the district Mandamus is the proper, remedy.
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Error from the district court of Gage county. Tried below before Letton, J. The board had authority to enter into the written contract to employ H. W. Killen as teacher. He was qualified to teach. The contract is binding on the district Mandamus is the proper, remedy. (.Montgomery v. State, 35 Neb., 655; Bussell v. State, 13 Neb., 68; McGuiness v. School District, 39 Minn., 499; Place v. Township of Colfax, 56 la., 573; Farrell v. School District, 98 Mich., 43; Tripp v. School District, 50 Wis., 651; Hull v. Independent District, 82 la., 686; Morley v. Power, 5 Lea [Tenn.], 692; State v.…
1Opinion of the CourtHarrison, J.
On August 28, 1896, the relators filed a petition in the district court of Gage county, in which it was alleged that they were residents of the village of Filley, in said county, and voters and taxpayers of school district No. 9, Gage county; that the respondents, Samuel Smith and John F. Kees, were members of the school board of said district, — Smith, the director, and Kees, the moderator, — and that Elijah H. Filley was the treasurer of the district; that on the 27th day of June, 1896, the then moderator and treasurer of the school district entered into a contract with H. W. Killen, a…
2Cases cited7 opinions
- Bays v. StateNebraska Supreme Court · 1877
- Kelly v. EdwardsCalifornia Supreme Court · 1886
- State ex rel. Meckling v. JaynesNebraska Supreme Court · 1886
- State ex rel. Truesdell v. PlambeckNebraska Supreme Court · 1893
- State ex rel. Mayor of David City v. PalmerNebraska Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mootz v. BelyeaNorth Dakota Supreme Court · 1931
- State ex rel. Early v. WunderlichSupreme Court of Minnesota · 1920
- Board of Education v. State ex rel. ReedWisconsin Supreme Court · 1898
- Greer v. ChelewskiNebraska Supreme Court · 1956
- Eason v. MajorsNebraska Supreme Court · 1923
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