Legal Opinion

Bogert v. Board of Education

New York Supreme Court

Decided June 15, 1904PublishedCited by 4 opinions

Motion by both sides to direct a verdict, reserved for -consideration. Action to recover salary as a school teacher in the city of New York at the rate of $1,250 a year, payable in equal monthly payments, from July 1, 1898, to December 1, 1901. The facts are as follows: The plaintiff held a certificate of qualification to teach from the State Superintendent of Public Instruction, under section 15 of title 1, chapter 555 of the Laws of 1864 as amended by chapter 331 of the…

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Motion by both sides to direct a verdict, reserved for -consideration. Action to recover salary as a school teacher in the city of New York at the rate of $1,250 a year, payable in equal monthly payments, from July 1, 1898, to December 1, 1901. The facts are as follows: The plaintiff held a certificate of qualification to teach from the State Superintendent of Public Instruction, under section 15 of title 1, chapter 555 of the Laws of 1864 as amended by chapter 331 of the Laws of 1898, and was employed as principal of a common school in the town of New Utrecht when that town became a part of…

1Opinion of the Court

Gaynor, J.:

The plaintiff being employed as a teacher in the city of Brooklyn at the time it became part of the new city of New York, he,was continued in' the same position *12or grade by the charter of the new city, not merely for the remainder of the term for which he was then employed, viz., until July 1, 1898, hut like all other teachers in the new city, ipr an indefinite term of employment, i. e., until removed for cause after a trial by his school board (§§ 1117, 1114; People ex rel. Callahan v. Board of Education, 174 N. Y. 169). The city superintendent of schools had no power to remove…

2Cases cited2 opinions

  1. Steinson v. . Bd. of Education of N.Y.New York Court of Appeals · 1901
  2. People Ex Rel. Callahan v. Board of EducationNew York Court of Appeals · 1903

3Cited by4 opinions

  1. Board of Education v. BaconCourt of Appeals of Georgia · 1918
  2. Fitzpatrick v. Board of EducationNew York Supreme Court · 1910
  3. Seher v. Woodlawn School District No. 26North Dakota Supreme Court · 1953
  4. Seher v. Woodlawn School District No. 26North Dakota Supreme Court · 1953

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