Gates v. School District
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Fort Smith District. John S. Little, Judge, Action by appellant against the single school district of Fort Smith to recover his salary as superintendent of schools. Substantially the facts, as found by the court, were as follows: Defendant’s board of directors, on May 3, 1888, elected plaintiff as such superintendent for the next ensuing year, that is, from July 1, 1888, to June 30, 1889, and fixed his salary.
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APPEAL from Sebastian Circuit Court, Fort Smith District. John S. Little, Judge, Action by appellant against the single school district of Fort Smith to recover his salary as superintendent of schools. Substantially the facts, as found by the court, were as follows: Defendant’s board of directors, on May 3, 1888, elected plaintiff as such superintendent for the next ensuing year, that is, from July 1, 1888, to June 30, 1889, and fixed his salary. The annual election of two members of the board was held on May 19, 1888, and two new directors were elected. Plaintiff presented his accounts for…
1Opinion of the CourtHemingway, J.
The learned judge, who tried this case below, proceeded upon a mistaken view of the law. He held that under the law no valid contract of hire of a superintendent by the school board, to be wholly executed after the next annual election, could be made before the annual election or before the new board of school directors should organize.
The statute provides that the “board of directors shall have power to employ a superintendent of the schools.” The-power is granted in the broadest terms, without placing any limitation or restriction upon its exercise.
Superintendent recVo^s^to em-p!oy' In the…
2Cases cited5 opinions
- Stevenson v. School Directors of District No. 1Illinois Supreme Court · 1877
- Wait v. . RayNew York Court of Appeals · 1876
- Reubelt v. School TownIndiana Supreme Court · 1886
- Tappan v. School District No. 1Michigan Supreme Court · 1880
- State ex rel. Boyd v. HastingsWisconsin Supreme Court · 1863
3Cited by11 opinions
- Tate v. School District No. 11Supreme Court of Missouri · 1930
- School District Number 54 v. GarrisonSupreme Court of Arkansas · 1909
- Ward v. Board of Regents of Kansas State Agricultural CollegeCourt of Appeals for the Eighth Circuit · 1905
- Gardner v. North Little Rock Special School DistrictSupreme Court of Arkansas · 1923
- School Dist. No. 65 of Randolph County v. WrightSupreme Court of Arkansas · 1931
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