Legal Opinion

School District No. 9 v. Brown

Supreme Court of Vermont

Decided January 15, 1883PublishedCited by 4 opinions

Case, under the statute to recover of the defendant what he had paid a teacher, who, it was claimed, had not obtained a legal certificate. Heard on the report of a referee, March Term, 1882, Veazey, J., presiding. Judgment for the defendant. The committee paid the teacher with orders on the district, the last one dated March 3d,1876. This action was commenced July, 1880. The other facts are stated in the opinion.

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Case, under the statute to recover of the defendant what he had paid a teacher, who, it was claimed, had not obtained a legal certificate. Heard on the report of a referee, March Term, 1882, Veazey, J., presiding. Judgment for the defendant. The committee paid the teacher with orders on the district, the last one dated March 3d,1876. This action was commenced July, 1880. The other facts are stated in the opinion. No law requires one to be a voter to be eligible to the office of town superintendent. He was exercising the office defacto, and Miss Farrell knew he was so acting as superintendent…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This case savors of “ mint and cummin,” while “ the weightier parts of the law ” are not much invoked. Brown had been sole committee man for the district, and, as such, he hired Miss Farrell to teach the district school the two terms, in 1875, beginning the first Mondays of May and November, respectively. She obtained her certificate of qualification at a public examination of teachers in the town of Rutland, early in the season, not then being determined in her own mind whether she would teach school or not; but was subsequently hired by…

2Cases cited2 opinions

  1. Blanchard v. School District No. 11Supreme Court of Vermont · 1857
  2. George v. School District No. 8Supreme Court of Vermont · 1848

3Cited by4 opinions

  1. Hale v. RisleyMichigan Supreme Court · 1888
  2. State ex rel. Martin v. FoleySupreme Court of Vermont · 1915
  3. School District No. 1 v. RossColorado Court of Appeals · 1894
  4. School District No. 1 v. RossColorado Court of Appeals · 1894

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