Frederick v. Lakewood (Bd. of Ed.)

Citations

• 33 Ohio C.C. Dec. 142
• 18 Ohio C.C. (n.s.) 435

Syllabus

<p>INJUNCTIONS — SCHOOLS</p> <p>1. Power of School Boards to Try and Dismiss Teacher Constitutional.</p> <p>The power conferred upon school boards, by Sec. 7701 G. C., to dismiss any appointee or teacher for cause, after hearing, is administrative and not judicial in its nature, and so not unconstitutional.</p> <p>2. Injunction Denied to Prevent Trial and Dismissal of Teacher fay School Board.</p> <p>A court of equity is without jurisdiction to interfere by injunction to prevent the trial and dismissal of a school teacher by a school board because to do so in advance of its action would be to invade the functions of the executive or administrative department, and after such action the remedy for erroneous proceedings lies with a court of law.</p>