School District No. 3 v. Bodenhamer
Supreme Court of Arkansas
APPEAL from Baxter Circuit Court. Hon. R. IT. Powell Circuit Judge. This was a simple money contract for services rendered as teacher. If the directors made any such contract they exceded theirpo wers and authority, and the appellant'as a quasi public corporation is not bound. Story on Agency, Sec. 172; Perry on Trusts, Vol. 2, Sec. 475, 511. The directors may be personally liable, but not the district. 2 Ark, 338; 38 lb., 454. See School Act 1875 Secs. 61, 62, 67, Ac.
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APPEAL from Baxter Circuit Court. Hon. R. IT. Powell Circuit Judge. This was a simple money contract for services rendered as teacher. If the directors made any such contract they exceded theirpo wers and authority, and the appellant'as a quasi public corporation is not bound. Story on Agency, Sec. 172; Perry on Trusts, Vol. 2, Sec. 475, 511. The directors may be personally liable, but not the district. 2 Ark, 338; 38 lb., 454. See School Act 1875 Secs. 61, 62, 67, Ac. Mandamus was the proper remedy, after demand and refusal. Gantt’s Dig., Sec. 4150; 6 Ark., 9; 26 Ark., 257. The Justice of…
1Opinion of the CourtSmith, J.
This action was begun before a Justice of the Peace to recover a balance of $75 due for teacher’s wages, pursuant to the terms of a written contract entered into between the plaintiff and the defendant’s directors. The plaintiff hac1*judgment and the School District appealed to the Circuit Court. There, after a motion to dismiss and a demurrer for want of jurisdiction, the defendant declined to contest the matter further in that forum, and allowed judgment to go, and has appealed to us.
By Section 53 of the Common Schools Act of December 7, 1875, each School District is constituted a body…
2Cited by6 opinions
- Huie v. BarkmanSupreme Court of Arkansas · 1929
- Rastle v. Marion County Rural School District No. 1Supreme Court of Arkansas · 1976
- Shackleford v. ThomasSupreme Court of Arkansas · 1930
- Redd v. SossamonSupreme Court of Arkansas · 1994
- Town of Lead Hill v. Ozark Mountain Regional Public Water AuthoritySupreme Court of Arkansas · 2015
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