State ex rel. Sittler v. Board of Education
New Mexico Supreme Court
Appeal from tlie District Court of McKinley County; Herbert E. Raynolds, District Judge; Relator was entitled to a peremptory writ of mandamus, under the pleadings, when tire court found that she was discharged. Merrill on Mandamus, vol. 1, pages 293-294 and 353; Marshman v. Conklin, et al., 21 N. J. Eq. 548; Bachman v. Sepulveda, 39 Cal. 689. A judgment not supported by the pleadings is as fatally defective as if not sustained by verdict or findings.
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Appeal from tlie District Court of McKinley County; Herbert E. Raynolds, District Judge; Relator was entitled to a peremptory writ of mandamus, under the pleadings, when tire court found that she was discharged. Merrill on Mandamus, vol. 1, pages 293-294 and 353; Marshman v. Conklin, et al., 21 N. J. Eq. 548; Bachman v. Sepulveda, 39 Cal. 689. A judgment not supported by the pleadings is as fatally defective as if not sustained by verdict or findings. Mun-day v. Vail, 34 N. J. L. 418; Reynolds v. Stockton, 43 N. J. Eq. 211 ;Black on Judgments, vol. 1, sec. 183; Hoover v. Binkley, 51 S. W. 73;…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J. —
This is a proceeding in mandamus on the relation of appellant, who was a school teacher employed to teach in the public schools of Gallup, in McKinley County. There was a written contract of employment in the usual form, and which also contained the following provision:
“It is further understood that the Board may remove you at any time, upon thirty days’ written notice, should your work or conduct be unsatisfactory to said Board, and you shall then be entitled to such installments as are due up to the date on which such removal takes effect.”
Relator entered…
2Cases cited7 opinions
- Kennedy v. Board of EducationCalifornia Supreme Court · 1890
- Board of Education v. State ex rel. ReedWisconsin Supreme Court · 1898
- State ex rel. Lewellen v. SmithNebraska Supreme Court · 1896
- Gilman v. BassettSupreme Court of Connecticut · 1866
- McLean v. Llewellyn Iron WorksCalifornia Court of Appeal · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Light v. Board of EducationSupreme Court of Connecticut · 1975
- Landers v. Board of Education of Town of Hot SpringsNew Mexico Supreme Court · 1941
- State Ex Rel. State Highway Commission v. ClarkNew Mexico Supreme Court · 1968
- State Ex Rel. Edwards v. City of ClovisNew Mexico Supreme Court · 1980
- Lease v. Board of Regents of New Mexico State UniversityNew Mexico Supreme Court · 1972
1 more not listed; retrieve them via the Exa API.