Williams v. Smith

SAYRE, J.(1) Appellant expelled appellee from the public school taught by him because she and her parents were unwilling or unable to pay a fee of $1 a month, and for no other reason. This fee was demanded, in large part at least, for the purpose of supplementing appellant’s salary, and its exaction of a pupil unwilling or unable to pay was unlawful. — Roberson v. Oliver, 189 Ala. 82, 66 South. 645. Appellant’s expulsion was therefore unlawful, and for its probable consequences appellant was answerable in damages.(2) Appellant acted under the direction of the school board; but he must be…