People Ex Rel. Murphy v. . Maxwell
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, made October 16, 1903, which reversed an order of Special Term granting a peremptory writ of mandamus to compel defendant t,o recognize the relator as a teacher in the public schools of the city of New York and granted an alternative writ. The facts, so far as material, and the questions certified, are stated in the opinion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, made October 16, 1903, which reversed an order of Special Term granting a peremptory writ of mandamus to compel defendant t,o recognize the relator as a teacher in the public schools of the city of New York and granted an alternative writ. The facts, so far as material, and the questions certified, are stated in the opinion. This by-law conflicts with section 1114 of the charter of 1897. (People ex rel. v. Bd. of Education, 174 N. Y. 169.)
1Opinion of the CourtCullen, J.
In February, 1891, the relator was appointed a teacher in one of the public schools of the then city of Brooklyn. At that time there was a by-law of the board of education of the city which provided : “ Should a female principal, head of department or teacher marry, her place shall thereupon become vacant, but her marriage shall not operate as a. bar to her reappointment, should it be deemed to the best interests of the school to retain her services.” After the consolidation of the city with the city of Hew York, the borough school board adopted or continued that by-law. On January 21, 1902,…
2Cases cited1 opinion
- Steinson v. . Bd. of Education of N.Y.New York Court of Appeals · 1901
3Cited by18 opinions
- School City of Elwood v. State Ex Rel. GriffinIndiana Supreme Court · 1932
- McQuaid v. State Ex Rel. SiglerIndiana Supreme Court · 1937
- City of Knoxville v. State Ex Rel. HaywardTennessee Supreme Court · 1939
- Kobylski v. AgoneNew York Supreme Court · 1962
- Backie v. Cromwell Consolidated School District No. 13Supreme Court of Minnesota · 1932
13 more not listed; retrieve them via the Exa API.