Legal Opinion

Barnhart v. Bodenhammer

Supreme Court of Missouri

Decided January 15, 1861PublishedCited by 1 opinion

Appeal from, Webster Circuit Court. I. The statute requires the trustees to know a valid certificate is in the hands of the proposed teacher before they can employ him and pay out public money; then, of course, they can only employ so long as he has a valid certificate. The law in that particular should be construed strictly, otherwise great injury would be done our common school system.

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Appeal from, Webster Circuit Court. I. The statute requires the trustees to know a valid certificate is in the hands of the proposed teacher before they can employ him and pay out public money; then, of course, they can only employ so long as he has a valid certificate. The law in that particular should be construed strictly, otherwise great injury would be done our common school system. If trustees can disregard the law and employ and pay over money for two or three months after the certificate expires, they can employ for two or three years after the certificate of school commissioners has…

1Opinion of the CourtEwing, Judge

This is an action on the defendant, Bodenhammer’s bond, given as president of the board of trustees of a certain school *321district. The breach assigned is the payment of school money to a teacher, who had not at the time the required certificate from the county commissioner.

It appears from the bill of exceptions that the trustees employed the teacher to teach a five months’ school, who at the time had a certificate from the commissioner ; that the teacher complied with his engagement with the trustees, but that the year for which his certificate was given expired during the school term, some…

2Cited by1 opinion

  1. Harkness v. Chicago Daily News Co.Appellate Court of Illinois · 1902

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