Burkhead v. Independent School District
Supreme Court of Iowa
Appeal from Buchanan Districi Court. — IIon. A. S. Blair, Judge. The petition alleged that the plaintiff entered into a written contract with the defendant April 5, 1893, by the terms of which he agreed to render services as superintendent and teacher of its schools for the period of five years at an annual salary of one thousand five hundred dollars per year, payable in monthly installments.
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Appeal from Buchanan Districi Court. — IIon. A. S. Blair, Judge. The petition alleged that the plaintiff entered into a written contract with the defendant April 5, 1893, by the terms of which he agreed to render services as superintendent and teacher of its schools for the period of five years at an annual salary of one thousand five hundred dollars per year, payable in monthly installments. The contract did not provide the length of time he was to teach further than that he was “to perform all the duties of superintendent and teacher required of him by lawj and the rules and regulations of…
1Opinion of the CourtLadd, J.
1 I. The remedy was not by appeal to the county superintendent. Had the defendant conceded a legal contract, and sought to discharge the plaintiff, then it must have proceeded under section 2782 of the Code. In such event the only remedy would have been by appeal, as the acts of the board under that section are judicial in character. Smith v. District Tp., 42 Iowa, 522; Kirkpatrick v. School Dist., 53 Iowa, 585; Park v. School Dist., 65 Iowa, 209. But when a teacher is discharged without the hearing contemplated, the act is wrongful, and resort may be had to the courts; in other words, in…
2Cases cited12 opinions
- Farrell v. School-District No. 2Michigan Supreme Court · 1893
- Stevenson v. School Directors of District No. 1Illinois Supreme Court · 1877
- Wait v. . RayNew York Court of Appeals · 1876
- Reubelt v. School TownIndiana Supreme Court · 1886
- Dubuque Female College v. District TownshipSupreme Court of Iowa · 1862
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3Cited by25 opinions
- Tate v. School District No. 11Supreme Court of Missouri · 1930
- Hahn v. Clayton CountySupreme Court of Iowa · 1934
- Courtright v. Consolidated Independent School DistrictSupreme Court of Iowa · 1927
- Jackson v. Independent School DistrictSupreme Court of Iowa · 1900
- Backie v. Cromwell Consolidated School District No. 13Supreme Court of Minnesota · 1932
20 more not listed; retrieve them via the Exa API.