Payne v. School District No. 3-25-10
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. William, N. Evans, Judge. (1) Our contention is that the contract having been entered into and proceedings regular, and the services performed, and the directors refusing to issue warrants for respondent’s wages, that the action was against the directors by mandamus, as the act would be entirely ministerial, and that the district should not be mulcted in costs for the refusal of the directors to perform their duties.
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Appeal from Howell Circuit Court. — Hon. William, N. Evans, Judge. (1) Our contention is that the contract having been entered into and proceedings regular, and the services performed, and the directors refusing to issue warrants for respondent’s wages, that the action was against the directors by mandamus, as the act would be entirely ministerial, and that the district should not be mulcted in costs for the refusal of the directors to perform their duties. State ex rel. v. Treasurer, 43 Mo. 228; State ex rel. v. "Williams, 95 Mo. 159. (2) Plaintiff’s supplemental petition brought in a new…
1Opinion of the CourtBland, P. J.
Plaintiff, a duly qualified person under the laws of the State, as a teacher of public schools, was employed under a written contract by the directors of the defendant school district to teach a five months’ term of public school at a salary of $45 per month, payable monthly. He taught four months of the term, but the directors of the district refused to audit his salary or to issue a warrant or warrants therefor. Whereupon, he brought this suit to recover four months’ salary. The summons was returnable to the January, 1900, term of the court; the defendant appeared at this term and filed its *418…
2Cases cited12 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Hoffmann v. Hoffmann'sSupreme Court of Missouri · 1895
- Buckley v. BuckleyNevada Supreme Court · 1877
- Corby v. TaylorSupreme Court of Missouri · 1865
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3Cited by4 opinions
- Lawrence v. PedersonWashington Supreme Court · 1904
- Bailey v. WilliamsSupreme Court of Missouri · 1959
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Lawler v. VetteMissouri Court of Appeals · 1912