Legal Opinion

Malloy v. Bd. of Educ. of City of San Jose

California Supreme Court

Decided June 7, 1894No. 15353PublishedCited by 6 opinions

Appeal from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Belcher, C.

The charter of the city of San Jose provides that the board of education of the city shall consist of eight members, and that “ a majority of the board shall constitute a quorum for the transaction of business, but any smaller number may adjourn from time to time. The board may enact rules for the conduct of its own proceedings,” and it shall have power “to employ and dismiss” teachers, and to fix and order paid their salaries or compensation. (Stats. 1873, p. 395, secs. 3, 50, 52.)

Prior to January 5, 1893, a rule was adopted by the board, and was then in force, providing that “ no…

2Cited by6 opinions

  1. Main v. Claremont Unified School DistrictCalifornia Court of Appeal · 1958
  2. Knudson v. JacksonSupreme Court of Iowa · 1921
  3. Tucker v. San Francisco Unified School DistrictCalifornia Court of Appeal · 1952
  4. Ryan v. Mineral County High School DistrictColorado Court of Appeals · 1915
  5. Boliou v. Stockton Unified School DistrictCalifornia Court of Appeal · 2012

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