The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-10
THE HIGHER COURTS.
Supreme Court.


Austin, Texas, February s.-Followng
is the synopsis of an opinion delivered by
the supreme court today:
n. l.. HARDNESS VS.. NJ. \. HUTCHER-
SON ct al; certified questions in a case
from Hall county. Second district.
Plaintiff below, Hardness, recovered a
judgment in the justice court of Hall
county for S7615. Tho judgment was rem
dered in suit upon claim for damages
occasioned by the school trustees in vio-
lating a written contract made by them as
| such trustees, with Hardness as teacher
wherein the latter was TO teach the free
school OF school district No. 4 of Hall
county for six scholastic months for the
sum Of $40 per month; the said trustees
having dismissed and discharged him as
teacher. without legal cause. and without
| his consent before the expiration of his
term as fixed in said contract, to wit; at
the end Of the third scholastic month, the
trustees having paid Hardness for the
| three months actually taught. This suit
was filed In the district court of Hall
| county setting up all the facts. and paying
for writ of mandamas against the school
| trustees to compel them to issue to petit
| TONER the proper check on the treasurer
of Hall county to cover the amount OF the
Judgment in his favor.
question /. May a teacher. after the
expiration OF the term of his employment,
who has not taught the school and has
taken no steps to reinstate himself as
teacher, maintain an action against the
school district or the trustees in their
| corporate capacity. for the secovery OF
damages on his contract with the trustees
to teach the school. in a case where he is
| discharged without proper cause before tho
expiration Of his term?"
l tl,n iy,,n tt,n
took place, the act OF May 90, 1898 in re-
lation to public free schools was In force
section 90 of that act empowered the
trustees to employ and discharge teachers.
but provided that in case of dismissal the
| teachers should have the right of appeal
to the county and State superintendent.
We are of the opinion that the effect of a
discharge of q teacher by the trustees Is
TO suspend him and to annul his contract
OF employment. until the order of dismissal
may bet set aside by the county or State
superintendent upon appeal When the ap-
peal is sustained, the result is to restore
The teacher and make his contract good
from the beginning. But. while the act
does not expressly fix any time within
which The appeal shall be prosecuted the
public interest demands that it shall DO
taken without unnecessary delay, and we
arc satisfied from the very nature of the
case that such was the intent of the legis-
nature. III action to set aside the order
OF dismissal be not taken with reasonable
promptness. the discharge becomes final
ana the contract at an end from the date of
mo order We conclude that unless the
,eachor mad been reinstated upon appeal
ne had originally no cause Of action against
inc trustees; and. understanding the
question to apply to n case In which no
appeal was taken, we answer 1t In the
negative
question 2. Under the facts alleged, does
a writ of mandamus lie to coniDel tho
school trustees to draw the warrant as
prayed for by petition?
Under the statute cited above the trus
ICES may contract, and may be sued upon |
their contracts. Judgments for money NAV |
oe rendered against them; and, since man |
uhinus is tho only remedy by which such |
Judgments against them can be enforced |
II must nave been contemplated that thcy |
nllsht be compelled by the writ TO do tho |
acts required by law to secure their nav |
ineht. We answer the second question in |
the affirmative.
inns brings us to the question. can the
respondents avail themselves IN this ac-
ion OF the defence to the original suit.
ihe Justices judgment, though erroneous
Us not void. II Is as valid and as CON
cluslYe as any other Judgment until va
sa.eu py an appeal. In a mandamus pro-
tn'e'llk TO enforce the collection OF a
!"usHreht' IL Is conclusive as to all mat
mat might have been urged by way
entered "N'e" =" was
opinion by Gaines O.