State ex rel. Moore v. Millsap
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Non. William H. Martin, Judge. (1) The two arithmetics were included in the last legally prescribed course of study.
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Appeal from Cooper Circuit Court. — Non. William H. Martin, Judge. (1) The two arithmetics were included in the last legally prescribed course of study. The abolition of the commission in 1905 did not, ipso facto, abolish the course of study it had lawfully prescribed, and this course continued until modified or annulled by competent authority. . Potter’s Divarris on Stat. and Constitutions, p. 155, note; State ex rel. v. County Court, 53 Mo. 128. (2) The fact that two members of the Board were consulted as individuals can have no effect. The directors can only act when assembled in meeting…
1Opinion of the Court
BROADDÚS, P. J.
This is a proceeding by mandamus. The facts are that during the school year of 1906, the respondent was employed as teacher in school district dumber one, Cooper county, during which time relator was a taxpaying citizen of the district with one child of his own and one other under his control of school age and entitled to attend said school. The *685ground for the action is that respondent refused to teacb the two children mentioned from Milne’s Elementary Arithmetic and Milne’s Standard Arithmetic.
Eespondent admits that he. did refuse to teach said pupils from Milne’s Arithmetic,…
2Cases cited2 opinions
- Deskins v. GoseSupreme Court of Missouri · 1885
- State ex rel. Crain v. HamiltonMissouri Court of Appeals · 1890