Duer v. Dashiell
Court of Appeals of Maryland
Appeal from the Circuit Court for Somerset County, (Page, C. J.,and Holland, J.), overruling demurrer and directing the issue of a writ of mandamus as prayed in the petition. It is clear that the State Board of Education and the Superintendent of Public Education have no power to remove an examiner for any cause except one of those enumerated in the statutes referred to.
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Appeal from the Circuit Court for Somerset County, (Page, C. J.,and Holland, J.), overruling demurrer and directing the issue of a writ of mandamus as prayed in the petition. It is clear that the State Board of Education and the Superintendent of Public Education have no power to remove an examiner for any cause except one of those enumerated in the statutes referred to. If these statutes had been •framed in different language, and had given the power of removal to the State board and the superintendent generally, without mentioning specific causes for removal, there might be some force in…
1Opinion of the CourtSchmucker, J.
This is an appeal from an order of the Circuit Court for Somerset County, directing a mandamus to issue requiring the appellant, who had been the secretary, treasurer and examiner of the former Board of County School Commissioners, to deliver the books and papers of the office to the appellee, who was elected to the same office by the present board.
Sec. 6, of Art. 77, of the Code, as it stood in the year 1898, directed the Governor by and with the advice and consent of the Senate to appoint a Board of School Commissioners for each county in the State. Sec. 18 of the same Article, directs…
2Cases cited7 opinions
- Newton v. CommissionersSupreme Court of the United States · 1880
- Hall v. WisconsinSupreme Court of the United States · 1880
- Crenshaw v. United StatesSupreme Court of the United States · 1890
- Wiley v. Board of County School CommissionersCourt of Appeals of Maryland · 1879
- Manly v. StateCourt of Appeals of Maryland · 1854
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3Cited by18 opinions
- Resetar v. State Board of EducationCourt of Appeals of Maryland · 1979
- State Ex Rel. Weddle v. Board of County School CommissionersCourt of Appeals of Maryland · 1902
- BOARD OF EDUCATION OF TALBOT CTY. v. HeisterCourt of Appeals of Maryland · 2006
- Underwood v. Board of County School CommissionersCourt of Appeals of Maryland · 1906
- County Board of Education v. CearfossCourt of Appeals of Maryland · 1933
13 more not listed; retrieve them via the Exa API.