Thompson v. Board of Education
Supreme Court of New Jersey
On rule to show cause why a mandamus should not issue. The relator was dismissed from her position of teacher and principal by the district school trustees. She appealed to the county superintendent, who refused to decide the question in dispute. The relator «then took a further appeal to the state superintendent, before whom the parties appeared and were heard. The decision of the state superintendent was that relator’s dismissal was without just cause.
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On rule to show cause why a mandamus should not issue. The relator was dismissed from her position of teacher and principal by the district school trustees. She appealed to the county superintendent, who refused to decide the question in dispute. The relator «then took a further appeal to the state superintendent, before whom the parties appeared and were heard. The decision of the state superintendent was that relator’s dismissal was without just cause. She thereupon applied for a writ of mandamus.
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
Apgar v. School Trustees, 5 Vroom 308, is authority for the proposition that mandamus is the proper remedy by which a teacher, to whom compensation is due under our School law, may obtain payment thereof out of the fund provided for that purpose.
The remedy by mandamus differs essentially from all original suits for the recovery of money. In debt or assumpsit the burden is on the plaintiff to prove every material fact and establishing all conditions precedent; but a relator who has submitted her claim to a tribunal lawfully authorized to…
2Cases cited1 opinion
- State v. AlbertsonSupreme Court of New Jersey · 1891
3Cited by6 opinions
- Martin v. WolfsonSupreme Court of Minnesota · 1944
- City of Phoenix v. SannerArizona Supreme Court · 1939
- Shepard v. Board of Education of the City of EnglewoodDistrict Court, D. New Jersey · 1962
- Mary A. Riddle Co. v. New Auditorium Pier Co.Supreme Court of New Jersey · 1909
- Opinion No. (1969) Ag, Oklahoma Attorney General Reports1969
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