Legal Opinion · Dissent

Clay v. Independent School District

Supreme Court of Iowa

Decided September 26, 1919Published

Appeal from Black Hawk District Court. — H. B. Boies, Judge. Action in equity for an injunction and for a writ of mandamus to be directed to the board of directors of the defendant school district. There was a decree as prayed, and defendants appeal. The material facts are sufficiently stated in the opinion.

1DissentStevens, J.

I. The opinion of the majority proceeds upon the theory that the questions presented upon this appeal involve only (a) the discretion of the superintendent of public instruction in issuing provisional certificates to the student teachers, and (b) the discretion of the defendant school board in the determination of the number and the selection of the teachers to, be employed to teach in the public schools of Cedar Falls.

That public school officers exercise a large discretion in the performance of their duties is, of course, conceded. Their discretion however, is limited by the statute, and…

2Cases cited11 opinions

  1. Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
  2. Knowlton v. BaumhoverSupreme Court of Iowa · 1918
  3. Perkins v. Board of Directors of the Independent School DistrictSupreme Court of Iowa · 1881
  4. Lindblad v. Board of Education of Normal School DistrictIllinois Supreme Court · 1906
  5. Burkhead v. Independent School DistrictSupreme Court of Iowa · 1898

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