School District No. 13 v. Harvey
Supreme Court of Vermont
Action brought upon sec. 4152, H. L. Trial by jury, March Term, 1884, Powers, J., presiding. Yerdiet ordered on the following statement of counsel for the defendant: That the plaintiff district, at its annual March meeting in 1878, elected the defendant’s father its prudential committee, and at the same meeting instructed him by vote of the district to employ a female teacher to teach both the summer and winter terms of the school; that this vote was known to both the…
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Action brought upon sec. 4152, H. L. Trial by jury, March Term, 1884, Powers, J., presiding. Yerdiet ordered on the following statement of counsel for the defendant: That the plaintiff district, at its annual March meeting in 1878, elected the defendant’s father its prudential committee, and at the same meeting instructed him by vote of the district to employ a female teacher to teach both the summer and winter terms of the school; that this vote was known to both the defendant and his father; that his father first hired a female teacher, and afterwards hired his son, the defendant, and that…
1Opinion of the Court
The opinion of the court was delivered by
Bowbll, J.
The statute made it the duty of defendant’s father, as plaintiff’s prudential committee, to, “ appoint and agree with a teacher to instruct the schoól,” E. L. s. 515; and in the performance of that duty the district could not control him, Mason v. School District, 20 Vt. 487; dictum in Chaplin v. Hill, 24 Vt. 528; Batchelder v. City of Salem, 4 Cush. 599. Therefore, the vote of the district, instructing him to employ a female teacher, was not obligatory upon him, but was advisory merely. Notwithstanding said vote, he had a' right to hire…
2Cases cited2 opinions
- Mason v. School District No. 14Supreme Court of Vermont · 1848
- Chaplin v. HillSupreme Court of Vermont · 1852
3Cited by2 opinions
- Cobb v. School District No. 1Supreme Court of Vermont · 1891
- School Dist. No. 4 v. School Dist. No. 2Supreme Court of Vermont · 1892