Legal Opinion

Morrison v. Board of Education

Wisconsin Supreme Court

Decided March 11, 1941PublishedCited by 16 opinions

1Opinion of the CourtWickhem, J.

This appeal involves the proper construction and the constitutionality of ch. 121, Laws of 1939, which is now sec. 39.40 (5), Stats. Ch. 121 amends ch. 39, Stats. 1939, commonly known as the “Teachers’ Tenure Act,” by permitting local school boards to retire teachers who have reached their sixty-fifth birthday.

Sec. 39.40 (2), Stats., so far as material here, provides:

“All employment of teachers . . .’ shall be on probation, and after continuous and successful probation for five years in the same school system or school, either before or after the taking effect of this section, such employment…

2Cases cited8 opinions

  1. Dodge v. Board of Ed. of ChicagoSupreme Court of the United States · 1937
  2. Indiana Ex Rel. Anderson v. BrandSupreme Court of the United States · 1938
  3. Phelps v. Board of Ed. of West New YorkSupreme Court of the United States · 1937
  4. State ex rel. Dudgeon v. LevitanWisconsin Supreme Court · 1923
  5. State ex rel. O'Neil v. BliedWisconsin Supreme Court · 1925

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3Cited by16 opinions

  1. Madison Teachers, Inc. v. Scott WalkerWisconsin Supreme Court · 2014
  2. Bruck v. State Ex Rel. MoneyIndiana Supreme Court · 1950
  3. Brown v. StateCourt of Appeals of Wisconsin · 1999
  4. Graney v. Board of Regents of University of Wisconsin SystemWisconsin Supreme Court · 1979
  5. Dunn v. Milwaukee CountyCourt of Appeals of Wisconsin · 2005

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