Legal Opinion

Oakes v. School District No. 3

Missouri Court of Appeals

Decided February 2, 1903PublishedCited by 2 opinions

Appeal from Cedar Circuit Court. — Ho». H. G. Tim- ' monds, Judge. (1) Plaintiff could not recover against the district on account of defendant’s officers “discharging” him, as no officer of the defendant had power to discharge him, if he had ever been legally employed by the district. R. S. 1899, sec. 9767. (2) In discharging a teacher the directors are not acting in the scope of their authority, and the district is not liable.

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Appeal from Cedar Circuit Court. — Ho». H. G. Tim- ' monds, Judge. (1) Plaintiff could not recover against the district on account of defendant’s officers “discharging” him, as no officer of the defendant had power to discharge him, if he had ever been legally employed by the district. R. S. 1899, sec. 9767. (2) In discharging a teacher the directors are not acting in the scope of their authority, and the district is not liable. McCutchen v. Windsor, 55 Mo. 149; Arnold v. School District, 78 Mo. 226; Frazier v. School District, 24 Mo. App. 250. (3) If defendant’s directors sought to prevent…

1Opinion of the CourtSmith, P. J.

The court below gave judgment for plaintiff on a petition which was as follows:

“Plaintiff states that W. A. Simrell, R. F. Winton and J ames Belk are the board of directors of school district No. 3, township 35, range 25, of Cedar county, Missouri, the defendant herein, and that said defendant is and was at all the times hereinafter mentioned a corporation duly organized and existing under the laws of the State of Missouri and having capacity through its board of directors- to sue and liable to be sued as a corporation.
“Plaintiff for his cause of action states that (he is and was at all times…

2Cases cited3 opinions

  1. Arnold v. School DistrictSupreme Court of Missouri · 1883
  2. McCutchen v. WindsorSupreme Court of Missouri · 1874
  3. Frazier v. School District No. 1Missouri Court of Appeals · 1887

3Cited by2 opinions

  1. Tate v. School District No. 11Supreme Court of Missouri · 1930
  2. Lemasters v. WillmanMissouri Court of Appeals · 1955

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