Nicol v. Board of Education

Carswell, J.:

The board of education appointed plaintiff a district superintendent in November, 1923. The board appointed her on the theory that she had the qualifications prescribed by section 40 of the by-laws of the board of education. It assumed that said section 40 was then in force and effect. The State Commissioner of Education in a proceeding to which said Nicol was not a party subsequently held that the board’s action in appointing said Nicol was invalid in that section 40 of the by-laws had been superseded by section 869 of the Education Law, enacted by Laws of 1917, chapter 786, and…