Smith v. Township Board of Education
Supreme Court of Missouri
Error to Jefferson Circuit Court. I. A teacher is not bound to enter upon an inquiry as to the regularity of the proceedings by which a district is created before making a contract, otherwise no teacher would be safe. If the district has a prima facie existence, that is, if it is recognized by the township board as such, and a board of local directors, whether elected regularly or not — holding office under color of right, the contract will be binding.
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Error to Jefferson Circuit Court. I. A teacher is not bound to enter upon an inquiry as to the regularity of the proceedings by which a district is created before making a contract, otherwise no teacher would be safe. If the district has a prima facie existence, that is, if it is recognized by the township board as such, and a board of local directors, whether elected regularly or not — holding office under color of right, the contract will be binding. I. These boards of education are creatures of the statute and have only statutory jurisdiction, and their authority should be strictly…
1Opinion of the CourtVories, Judge
This action was brought before a justice of the peace to recover the amount of an order executed to the plaintiff by one John "W. Tullack, clerk of the local board of directors of sub-district No. 6, Township No. 39, Range No. 5, and requiring the clerk of defendant to pay the plaintiff $75 for teaching a school for three months in said sub-district No. 6.
*298A trial was had before the justice where the plaintiff recovered a judgment for the sum named in the order with costs. The plaintiff appealed to the Jefferson Circuit Court where a judgment was rendered in favor of the defendant. The…
2Cases cited1 opinion
- District Township v. Independent DistrictSupreme Court of Iowa · 1872
3Cited by3 opinions
- State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955
- Enterprise Furniture & Carpet Outfitting Installment Co. v. DavidsonMissouri Court of Appeals · 1922
- State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955