Nuckols v. Lyle
Idaho Supreme Court
APPEAL from District Court, Shoshone Comity. .The facts are stated in the opinion. This is primarily an action to declare a contract of hiring null and void, and, incidentally, to enjoin carrying out the same, under subdivision 1 of section 4388 of the Revised Statutes of 1887. The remedy adopted by the plaintiff was the proper one.
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APPEAL from District Court, Shoshone Comity. .The facts are stated in the opinion. This is primarily an action to declare a contract of hiring null and void, and, incidentally, to enjoin carrying out the same, under subdivision 1 of section 4388 of the Revised Statutes of 1887. The remedy adopted by the plaintiff was the proper one. If the hoard, in exercising judicial functions, had exceeded its jurisdiction, a writ reviewing such action would have been the appropriate remedy. (Rev. Stats. 1887, sec. 4963.) But the making of the contract of employment was purely administrative and did not,…
1Opinion of the CourtQhaeles, C. J.
— This action was commenced by the appellant, who was at the time a member of the board of trustees for school district No. 15 in Shoshone county, to enjoin the payment of salary to the respondent Helen L. Young — compensation to her as teacher under a contract made with her by a majority of the said board. The complaint shows that the said board of trustees consisted of the appellant, Anderson W. Nuckols, James Lyle, and Orville E. Young, husband of said Helen L. Young; that on September 1, 1900, said James Lyle and Orville E. Young, constituting a majority of said board, made and entered…
2Cases cited1 opinion
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- Independent School District No. 5 ex rel. Moore v. CollinsIdaho Supreme Court · 1908
- Nielsen v. RichardsCalifornia Court of Appeal · 1925
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