Hibbard v. Smith
Missouri Court of Appeals
Appeal from Texas Circuit Court. — Hon. L. B. Wood- ' side, Judge. Where all members of the school board are present and participate in hiring a teacher the contract is valid notwithstanding a lack of call or notice of the meeting. R. S. 1899, sec. 9766; Decker v. School Dist., 101 Mo. App. 119; Armstrong y. School District, 28 Mo. App. 177; 20 A. & E. Ency. L., 1212 and note 3; Troy Mining Co. v. White, 42 L. R. A. 549; Magnan v. Freemont, 27 Am.
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Appeal from Texas Circuit Court. — Hon. L. B. Wood- ' side, Judge. Where all members of the school board are present and participate in hiring a teacher the contract is valid notwithstanding a lack of call or notice of the meeting. R. S. 1899, sec. 9766; Decker v. School Dist., 101 Mo. App. 119; Armstrong y. School District, 28 Mo. App. 177; 20 A. & E. Ency. L., 1212 and note 3; Troy Mining Co. v. White, 42 L. R. A. 549; Magnan v. Freemont, 27 Am. St. 436. The law “does not require that the teacher at the time of employment have a certificate which reaches to the end of the term of such…
1Opinion of the CourtGoode, J.
(after stating the facts). — The statutes say a school board shall have no power to dismiss a teacher, but should one’s certificate be revoked pending a contract between her and the board of a district, the contract for. her services shall be annulled. [4 Mo. Ann. Stat., sec. 9767.] No brief has been filed in behalf of defendants, but we understand the directors do not contend they had the right to dismiss plaintiff, if in fact, they had hired her. They say no contract had been made because the meeting at Harrison’s when the parley between plaintiff and the directors occurred, was not,…
2Cases cited5 opinions
- Saleno v. City of NeoshoSupreme Court of Missouri · 1895
- Decker v. School District No. 2Missouri Court of Appeals · 1903
- McShane v. School District Number 5, Township 32, Range 18Missouri Court of Appeals · 1897
- Pugh v. School District No. 5Missouri Court of Appeals · 1905
- School District Number 1 v. EdmonstonMissouri Court of Appeals · 1892
3Cited by4 opinions
- Tate v. School District No. 11Supreme Court of Missouri · 1930
- State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955
- Johnson v. DyeMissouri Court of Appeals · 1910
- State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955