Legal Opinion

People ex rel. Yale v. Eckler

New York Supreme Court

Decided January 15, 1880Published

Appeal from a judgment in favor of the plaintiff, entered upon a verdict directed at the circuit. An alternative mandamus was issued requiring the defendant to pay $250 upon a contract made with the relator by James W. Stiles, who was the trustee of the school district No. 3. of the town of Pittsford, October 11, 1876, where the said contract for the services of the relator as a teacher was made.

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Appeal from a judgment in favor of the plaintiff, entered upon a verdict directed at the circuit. An alternative mandamus was issued requiring the defendant to pay $250 upon a contract made with the relator by James W. Stiles, who was the trustee of the school district No. 3. of the town of Pittsford, October 11, 1876, where the said contract for the services of the relator as a teacher was made. After the return by the defendant, a.nd the plea or reply of the relator thereto, the issues were brought to a trial at a circuit in Monroe county, and at the close of the evidence the court directed…

1Opinion of the Court

Hardin, J. :

By section 1 of title 12 of the “act to revise and consolidate the general acts relating to Public Instruction, passed in 1864 (chap. 555, p. 1281), it was provided that appeals might be taken, to the superintendent of public institutions.

We quote from the section, viz. : “ Section 1. Any person conceiving himself aggrieved in consequence of any decision made * * * ‘ by the trustees of any district in paying of' Refusinig to pay any teacher ’ * * * . by any other official .act or decision concerning any other matter under this act or any other act pertaining to common schools, may…

2Cases cited8 opinions

  1. McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
  2. People Ex Rel. Murray v. Justices of Court of Special Sessions of PeaceNew York Court of Appeals · 1878
  3. Baird v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
  4. Storm v. OdellNew York Supreme Court · 1829
  5. Finch v. ClevelandNew York Supreme Court · 1851

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