Legal Opinion

Finley v. School District No. 1

Montana Supreme Court

Decided December 4, 1915No. 3,578PublishedCited by 21 opinions

Appeal from, District Court, Missoula County; A. L. Duncan, Judge. Action by Phoebe Finley against School District No. 1 of Missoula County, Montana. Judgment for plaintiff. From an order denying her a new trial, plaintiff appeals. At the outset it is to be noted that plaintiff was employed by the year — not by the month.

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Appeal from, District Court, Missoula County; A. L. Duncan, Judge. Action by Phoebe Finley against School District No. 1 of Missoula County, Montana. Judgment for plaintiff. From an order denying her a new trial, plaintiff appeals. At the outset it is to be noted that plaintiff was employed by the year — not by the month. This is the position assumed by defendant in its answer; this is what the written contract recites; and this is what the minutes of the board of trustees of defendant shows. Moreover, when construed together, the various clauses of the contract demand a construction to the…

1Opinion of the CourtJustice Holloway

In June, 1911, Miss Phoebe Finley was employed as a grade teacher in the Missoula public schools for the ensuing school year, at a salary of $900. She taught from the opening of the term in September, 1911, until April, 1912, when she voluntarily resigned. A controversy arose over the amount of compensation to which she was entitled, and she brought this action to recover $162.60, which she alleged was the balance due her. The trial court found in her favor for $18.75, the amount admitted by the school board. From an order denying her a new trial, plaintiff appealed.

There is not any disputed…

2Cases cited3 opinions

  1. Jay v. School District No. 1Montana Supreme Court · 1900
  2. Lyon v. Dailey Copper M. & S. Co.Montana Supreme Court · 1912
  3. Case v. School District No. 3Montana Supreme Court · 1894

3Cited by21 opinions

  1. Smith v. ZeppMontana Supreme Court · 1977
  2. Henderson v. DanielsMontana Supreme Court · 1922
  3. Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
  4. State Ex Rel. School District No. 4 v. McGrawMontana Supreme Court · 1925
  5. Day v. School District No. 21Montana Supreme Court · 1934

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