Board of Education v. Walker

Citations

• 71 Ohio St. (N.S.) 169

Syllabus

<p>Board of education cannot employ teacher for term extending beyond term of members of board — Section bOll, Revised Statutes — Several defenses pleaded to action and demurrer to each — Demurrer overruled by trial court — Circuit court finds error in overruling demurrer as to one defense only— Circuit court should affirm judgment of court below — Pleading's.</p> <p>1. Under section 4017, Revised Statutes, a board of education cannot lawfully employ a teacher for a term which would expire after the term of office of every member of the board employing him had expired by law.</p> <p>2. Where several defenses, each complete in itself, have been pleaded to an action, and demurrer to each of them has been overruled by the trial court and judgment rendered thereon fo-r defendant, and on petition in error the circuit court finds that there was error in overruling the demurrer as to one defense but that the demurrer was properly overruled as to the other defenses, the circuit court should affirm the judgment of the court below.</p>