Legal Opinion

Whitman v. Owen

Mississippi Supreme Court

Decided March 15, 1899PublishedCited by 7 opinions

From the circuit court of Bolivar county. Hon. F. A. Montgomery, Judge. The appellant, Lily Whitman, was the plaintiff in the court below; Owen, county superintendent of education, appellee, was defendant there. The opinion states the case. It is admitted that Blanchard was not qualified to hold the office of trustee, but petitioner contended and offered to prove that he was a de facto trustee. The court refused to permit such proof.

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From the circuit court of Bolivar county. Hon. F. A. Montgomery, Judge. The appellant, Lily Whitman, was the plaintiff in the court below; Owen, county superintendent of education, appellee, was defendant there. The opinion states the case. It is admitted that Blanchard was not qualified to hold the office of trustee, but petitioner contended and offered to prove that he was a de facto trustee. The court refused to permit such proof. He had been elected by the patrons of the school, and in the exercise of the duties of trustee had received official recognition. Although a man with color of…

1Opinion of the CourtTerral, J.

On October 3, 1898, Lilly Whitman was selected by T. J. Yarbrough, U. G. Griffin and P. Blanchard, the acting trustees of Gunnison white public school, as teacher of said school for the scholastic year then beginning, and her selection as such teacher was duly notified to T. S. Owen, the superintendent of education of Bolivar county. Miss Whitman was a licensed *787tea'cher of said county, and applied in due time to said superintendent of education for a contract for the teaching of said school.

It appears from the proceedings in the case that the patrons of the school had met on September 19,…

2Cited by7 opinions

  1. Cheatham v. SmithMississippi Supreme Court · 1957
  2. Stokes v. NewellMississippi Supreme Court · 1936
  3. Campbell v. WarwickMississippi Supreme Court · 1926
  4. Stokes v. NewellMississippi Supreme Court · 1935
  5. State Ex Rel. Cowan v. MorganMississippi Supreme Court · 1926

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