Freeman v. Inhabitants of Bourne
Massachusetts Supreme Judicial Court
Contract, for services rendered by the plaintiff as superintendent of schools in the district which included the defendant town. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows.
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Contract, for services rendered by the plaintiff as superintendent of schools in the district which included the defendant town. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows. Under St. 1892, c. 344, the towns of Sandwich, Bourne, and Mash pee were'empowered to unite for the purpose of the employment of a superintendent of schools, in accordance with the provisions of St. 1888, c. 431, and were granted the right to receive an allowance from the State treasury for such purpose. The…
1Opinion of the CourtAllen, J.
The plaintiff’s right to recover is denied by the defendant on the following grounds.
1. That if the power to dismiss a superintendent of schools existed, it was not in the joint committee but in the municipality ; that the joint committee, after the annual convention, had no authority except to do the things which were necessary in order to secure the contribution of money from the Commonwealth : and that, after that, the relations of the superintendent were directly with the town.
2. That there is, indeed, no power anywhere to dismiss a superintendent.
3. That the superintendent could only be…
2Cases cited4 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
- Avery v. Inhabitants of TyringhamMassachusetts Supreme Judicial Court · 1807
- Kimball v. City of SalemMassachusetts Supreme Judicial Court · 1872
3Cited by15 opinions
- White v. BOARD OF TRUSTEES, ETC.Wyoming Supreme Court · 1982
- Baird v. School District No. 25Wyoming Supreme Court · 1930
- Tracy v. School District No. 22Wyoming Supreme Court · 1952
- Ansorge v. City of Green BayWisconsin Supreme Court · 1929
- Dupree v. School Committee of BostonMassachusetts Appeals Court · 1983
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