Jacquemin v. Andrews
Missouri Court of Appeals
appeal from the Platte Circuit Court. — Hon. James M. Sandusky, Judge. (1) Petitions shall be liberally construed, “not most strongly against the pleader.” Stillwell v. Hamm, 97 Mo. 585. (2) Ordinary school districts are not public corporations. 1 Morawetz Private Corp., sec. 6, p. 6; Heller v. Slremmel, 52 Mo. 309. Only an incorporated school district is a public corporation. Heller v. Stremmel, 52 Mo. 309 ; 1 Dillon Munic.
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appeal from the Platte Circuit Court. — Hon. James M. Sandusky, Judge. (1) Petitions shall be liberally construed, “not most strongly against the pleader.” Stillwell v. Hamm, 97 Mo. 585. (2) Ordinary school districts are not public corporations. 1 Morawetz Private Corp., sec. 6, p. 6; Heller v. Slremmel, 52 Mo. 309. Only an incorporated school district is a public corporation. Heller v. Stremmel, 52 Mo. 309 ; 1 Dillon Munic. Corp. [3 Ed.] sec. 22, p. 29. (3) Even a public agent is liable for the issue of an inadequate security. Wharton on Agency, sec. 512, p. 335. Or for the issue of an…
1Opinion of the CourtSmith, P. J.
The defendants in this case interpose a demurrer to the plaintiffs’ petition, on the ground that it failed to state a cause of action, which was sustained ; judgment was rendered for the demurrant and from which plaintiffs have appealed.
It stands admitted by the demurrer, so far as we are at present concerned, that the defendants, who were directors of the school district mentioned in the petition, lawfully engaged Olive Cook as teacher in said school district for the school year ending in the spring of 1886, and that on February 5, 1886, a warrant was issued and delivered to her by order of…
2Cases cited4 opinions
- Humphrey v. JonesSupreme Court of Missouri · 1879
- Western Cement Co. v. JonesMissouri Court of Appeals · 1880
- Tutt ex rel. Hardy v. HobbsSupreme Court of Missouri · 1853
- Hodges v. RunyanSupreme Court of Missouri · 1860