Saxtorph v. District Court

PROHIBITION ? Jurisdiction ? Necessity ? WORDS AND PHRASES ? "jurisdiction". 1. Prohibition ? Writ lies to correct acts out of jurisdiction. The writ of prohibition lies against county superintendent of schools only if superintendent is acting without or beyond his jurisdiction. 2. Prohibition ? Extreme necessity for writ must be apparent. Extreme necessity should usually be apparent before the extraordinary remedy of a writ of prohibition will be granted. 3. Prohibition ? Words &; Phrases ? "jurisdiction". Statute providing for writs of prohibition to arrest the proceedings of any tribunal, corporation, board or person without or in excess of the "jurisdiction" of such tribunal, etc., uses quoted word as meaning the power to hear and determine the particular case. 4. Prohibition ? Schools and School Districts ? Writ improperly issued. Under Teacher Tenure Law, county superintendent of schools had jurisdiction to hear appeal by tenure teacher from decision of city board of school trustees not to re-employ her for ensuing school year, and hence alternative writ of prohibition restraining county superintendent from hearing appeal until further order of district court was improperly issued. 5. Schools and School Districts ? Words &; Phrases ? "Tenure". "Tenure" is the right of a school teacher under Teacher Tenure Law to teach in a school or school district from year to year after having taught in such school or district for three consecutive years. - Page 354 6. Schools and School Districts ? Tenure is substantial. A teachers tenure is a substantial, valuable and beneficial right which cannot be taken away except for good cause. 7. Schools and School Districts ? Words &; Phrases "dismissed". Notice from board of school trustees of decision not to re-employ a teacher for ensuing school year constituted a "dismissal" of teacher within statute providing for appeal from such dismissal to county superintendent of schools. 8. Schools and School Districts ? Liberal construction of Tenure Law. In determining teachers rights under Teacher Tenure Law, such law must be liberally construed in order to effect its purpose. 9. Schools and School Districts ? Words &; Phrases "Teacher". A regularly licensed teacher employed under contract with city board of school trustees to teach in schools of the district was a "teacher" within meaning of Teacher Tenure Law, even though, by virtue of oral agreement with board, she taught only during the mornings, and, having been elected to teach in such district for three consecutive years, she had "tenure" rights. 10. Schools and School Districts ? Part-time Teachers ? Teacher had tenure. After election to teach in schools of a district for third consecutive year, teacher had "tenure" under Teacher Tenure Law, though she taught only in the mornings. 11. Schools and School Districts ? Law made part of contract. Section of Teacher Tenure Law providing for appeal by teacher from dismissal became a condition of contract of employment as effectively as if expressly written therein. 12. Schools and School Districts ? Duty of Superintendent to hear appeal. County superintendent of schools must hear appeal by teacher from dismissal before expiration of written contract and appeal may be taken from decision of county superintendent to state superintendent of public instruction.