People ex rel. McHugh v. School Officers
New York Supreme Court
Appeal from an order denying a motion for a mandamus. This ease arose upon the removal of the relator, Miss Mary A. McHugh, from the position of first assistant teacher of Grammar School Ho. 23, by the local board of trustees of common schools of the Sixth Ward. The relator was employed by the board of school trustees of the Sixth Ward as a teacher in one of their grammar schools on the 23d day of July, 1856, at a salary of $400 per annum.
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Appeal from an order denying a motion for a mandamus. This ease arose upon the removal of the relator, Miss Mary A. McHugh, from the position of first assistant teacher of Grammar School Ho. 23, by the local board of trustees of common schools of the Sixth Ward. The relator was employed by the board of school trustees of the Sixth Ward as a teacher in one of their grammar schools on the 23d day of July, 1856, at a salary of $400 per annum. She continued in such capáeity until subsequent to the 24th day of June, 1861, when she received a notice that her services were no longer required, but po…
1Opinion of the Court
By this Court.*—Clerke, J.
The act of 1851 gives no appellate jurisdiction over the trustees of 'common schools in the exercise of their powers to dismiss teachers and other officers of the ward schools and ward primaries.
The statute only gives the Board'of Education power to direct and prescribe general rules and regulations under which teachers shall be contracted with and employed.
The counsel for the trustees is right in saying that the hoard has no power to say who shall be appointed, and that, consequently, it has no power to say who shall he dismissed.
The by-law, therefore, under which…
2Cited by2 opinions
- Kabus v. SeftnerAppellate Terms of the Supreme Court of New York · 1901
- Taylor v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1921