Legal Opinion

Pugh v. School District No. 5

Missouri Court of Appeals

Decided December 4, 1905PublishedCited by 7 opinions

Appeal from DeKalb Circuit Court. — Hon. Alomo D. Burnes, Judge. (1) A school district is a quasi corporation, and can exercise only such powers as are given it by the statutes and only in the way provided by statute. Buchanan v. School District, 25 Mr. App. 85; Frazer v. School District, 24 Mo. App. 250; Rudy v. School District, 30 Mo.

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Appeal from DeKalb Circuit Court. — Hon. Alomo D. Burnes, Judge. (1) A school district is a quasi corporation, and can exercise only such powers as are given it by the statutes and only in the way provided by statute. Buchanan v. School District, 25 Mr. App. 85; Frazer v. School District, 24 Mo. App. 250; Rudy v. School District, 30 Mo. App. 1. c. 117; Cheeney v. Brookfield, 60 Mo. 53; Johnson Co. v. Wood, 107 Mo. 1. c. 515. (2) . Persons contracting with school directors must take notice of their limited powers; and a contract in excess of their powers cannot be enforced. Rudy v. School…

1Opinion of the CourtEllison, J.

Plaintiff claims that he was employed by defendant school district to teach a school for a period of three months at thirty-three and one-third dollars per month; and that after teaching for seven days the directors refused to permit him to continue, though he was always willing and ready to perform the contract. He recovered judgment in the trial court for one hundred dollars.

Plaintiff was shown to be duly qualified, under the requirements of our statute, to teach school. But he does not show that he was legally employed by the board of directors. He had a formal written contract signed by…

2Cases cited5 opinions

  1. Honaker v. Board of EducationWest Virginia Supreme Court · 1896
  2. Johnson v. School DistrictSupreme Court of Missouri · 1878
  3. Aikman v. School District No. 16Supreme Court of Kansas · 1882
  4. Hazen v. LercheMichigan Supreme Court · 1882
  5. McShane v. School District Number 5, Township 32, Range 18Missouri Court of Appeals · 1897

3Cited by7 opinions

  1. State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955
  2. Hibbard v. SmithMissouri Court of Appeals · 1909
  3. Johnson v. DyeMissouri Court of Appeals · 1910
  4. State ex rel. Morehead v. CartwrightMissouri Court of Appeals · 1907
  5. State v. KesslerMissouri Court of Appeals · 1909

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