Legal Opinion

Lee v. Mitchell

Supreme Court of Arkansas

Decided April 14, 1913PublishedCited by 7 opinions

Appeal from Logan Chancery Conrt, Southern District; J. V. Bourland, Chancellor; STATEMENT by the coubt. Appellants three directors of Special School District No. 15, of Logan County, brought suit to restrain W. B. Mitchell, appellee, a school teacher from taking charge of a public school of said district, as a teacher, etc., alleging that he was not a qualified teacher of the State; that he did not have a teacher’s license, as required by law when the contract of…

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Appeal from Logan Chancery Conrt, Southern District; J. V. Bourland, Chancellor; STATEMENT by the coubt. Appellants three directors of Special School District No. 15, of Logan County, brought suit to restrain W. B. Mitchell, appellee, a school teacher from taking charge of a public school of said district, as a teacher, etc., alleging that he was not a qualified teacher of the State; that he did not have a teacher’s license, as required by law when the contract of employment, under which he was attempting to teach school, was executed; that by fraud and misrepresentation, he procured the…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is contended that there was no contract of employment between said special school district and appellee, authorizing him to teach the school, and that the purported contract was void, because appellee was not a regularly licensed teacher in the State of Arkansas at the time of the signing of the contract and because same was not executed in triplet form, as the statute requires.

The undisputed testimony shows that the action of the school board authorizing the employment of appellee and fixing the terms thereof was participated in by all six of the…

2Cases cited2 opinions

  1. McShane v. School District Number 5, Township 32, Range 18Missouri Court of Appeals · 1897
  2. School District No. 68 v. AllenSupreme Court of Arkansas · 1907

3Cited by7 opinions

  1. Vick Consolidated School District No. 21 v. NewSupreme Court of Arkansas · 1945
  2. Board of Education of Alamogordo Public Schools District No. 1 v. JenningsNew Mexico Court of Appeals · 1982
  3. Capehart v. Board of EducationWest Virginia Supreme Court · 1918
  4. Chidester School District No. 50 v. FaulknerSupreme Court of Arkansas · 1951
  5. Board of Education of Alamogordo Public Schools District No. 1 v. JenningsNew Mexico Court of Appeals · 1982

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