Legal Opinion

Paul v. School District No. 2

Supreme Court of Vermont

Decided March 15, 1856PublishedCited by 8 opinions

Assumpsit to recover for services rendered in. teaching school for the defendants, and damages for not being permitted to teach for the time contracted for. Plea, the general issue; trial by jury, December Term, 1855,- — -Underwood, J., presiding.

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Assumpsit to recover for services rendered in. teaching school for the defendants, and damages for not being permitted to teach for the time contracted for. Plea, the general issue; trial by jury, December Term, 1855,- — -Underwood, J., presiding. The plaintiff, to support the issue on his part, gave evidence tending to show that, in the fall of 1853, Erastus Woodward, prudential committee of the defendant district, made a contract with the plaintiff to teach the defendants’ school three and a half months, the then ensuing winter, at $18 per month; that the plaintiff commenced the school the…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, Ch. J.

I. The question in regard to the certificate of qualifications of the teacher is fundamental to the action. The statute undoubtedly requires the certificate to be cotemporary with the opening of the school. In this case, it bears date the same day the school was opened, and the law will, upon the face of the paper, presume it existed at the time the school was opened, as in such case, events bearing the same date, will be presumed to have occurred in the order in which the law requires them to be transacted, according to the maxim, ut…

2Cited by8 opinions

  1. Owen v. City of IndependenceSupreme Court of the United States · 1980
  2. Derosia v. FerlandSupreme Court of Vermont · 1910
  3. Hartman v. Merged Area VI Community CollegeSupreme Court of Iowa · 1978
  4. Libby v. Inhabitants of DouglasMassachusetts Supreme Judicial Court · 1900
  5. Owen v. City of IndependenceSupreme Court of the United States · 1980

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