Gardner v. Goss
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; J. E. Martinecm, Chancellor; 1. The court erred in sustaining the' demurrer of plaintiffs to the cross-complaint of defendants. The demurrer admits the truth of all its allegations as to conspiracy and fraud. If plaintiffs were guilty of the acts of fraud as admitted by the demurrer, they do • not come into equity with clean hands. 1 Pomeroy, Eq. Jur.
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Appeal from Pulaski Chancery Court; J. E. Martinecm, Chancellor; 1. The court erred in sustaining the' demurrer of plaintiffs to the cross-complaint of defendants. The demurrer admits the truth of all its allegations as to conspiracy and fraud. If plaintiffs were guilty of the acts of fraud as admitted by the demurrer, they do • not come into equity with clean hands. 1 Pomeroy, Eq. Jur. (4 ed.). 2. The school board had no legal right to discharge Gardner and no cause for his discharge. No notice was given him, and no cause of discharge was assigned. The board was not legally organized. 37 S.…
1Opinion of the CourtSmith, J.
In May, 1919, appellant Gardner was employed as superintendent by the School Board of North Little Rock for the term ending July 1, 1921. On May 15, 1920, a school election was held, and Machin and Moore were given certificates of election as directors. The election was contested by Ryan and Bennett, and the contest was decided in the county court August 16, 1920, in favor of the contestants. In September, 1920, Moore and Machin were removed as school directors by order of the circuit court.
Machin and Moore took the usual oath of office, and entered upon the discharge of the .duties of school…
2Cases cited3 opinions
- Faucette v. GerlachSupreme Court of Arkansas · 1918
- McClendon v. StateSupreme Court of Arkansas · 1917
- Inland Construction Co. v. RectorSupreme Court of Arkansas · 1918
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